Senate File 376 - Introduced
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
1077)
A BILL FOR
1 An Act relating to the calculation of certain court costs in
2 probate, and including applicability provisions.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 633.31, Code 2015, is amended to read as
1 2 follows:
1 3 633.31 Calendar == fees court costs in probate.
1 4 1. The clerk shall keep a court calendar, and enter thereon
1 5 such matters as the court may prescribe.
1 6 2. The clerk shall charge and collect the following fees
1 7 court costs in connection with probate matters, which shall be
1 8 deposited in the account established under section 602.8108:
1 9 a. For services performed in short
1 10 form probates pursuant to sections
1 11 450.22 and 450.44$ 15.00
1 12 b. For services performed in probate of
1 13 will without administration $ 15.00
1 14 c. For filing and indexing a transcript$ 50.00
1 15 d. For taking and approving a bond, or
1 16 the sureties on a bond $ 20.00
1 17 e. For entering a rule or order $ 10.00
1 18 f. For certificate and seal $ 10.00
1 19 g. For making a complete record where
1 20 real estate is sold per 100 words $ .20
1 21 h. For making a transcript or copies of
1 22 orders or records filed in
1 23 the clerk's office per 100 words $ .50
1 24 i. For certifying change of title $ 20.00
1 25 j. For issuing commission to
1 26 appraisers $ 2.00
1 27 k. For other services performed in the settlement of the
1 28 estate of any decedent, minor, person with mental illness, or
1 29 other persons laboring under legal disability, except where
1 30 actions are brought by the administrator, guardian, trustee,
1 31 or person acting in a representative capacity or against that
1 32 person, or as may be otherwise provided herein, where the value
1 33 of the personal property and real estate of such a person falls
1 34 within the following indicated amounts, the fee court costs
1 35 opposite such amount shall be charged, in accordance with
2 1 subsection 3 or 4, as applicable.
2 2 (1) Up to $3,000.00 $ 5.00
2 3 (2) $3,000.00 to $5,000.00 $ 10.00
2 4 (3) $5,000.00 to $7,000.00 $ 15.00
2 5 (4) $7,000.00 to $10,000.00 $ 20.00
2 6 (5) $10,000.00 to $15,000.00 $ 25.00
2 7 (6) $15,000.00 to $25,000.00 $ 30.00
2 8 (7) For each additional $25,000.00 or
2 9 major fraction thereof $ 50.00
2 10 l. For services performed in small
2 11 estate administration $ 15.00
2 12 3. The fee court costs set forth in subsection 2, paragraph
2 13 "k", shall not be charged on any property transferred to a
2 14 testamentary trust from an estate that has been administered
2 15 in this state and for which court costs have been assessed and
2 16 paid.
2 17 4. For purposes of determining the court costs set forth in
2 18 subsection 2, paragraph "k", the "value of the personal property
2 19 and real estate of such a person" means the gross assets of the
2 20 estate listed in the probate inventory minus the following,
2 21 unless the proceeds of such assets are payable to the estate:
2 22 a. Joint tenancy property.
2 23 b. Transfers during such person's lifetime.
2 24 c. Assets payable to beneficiaries, including but not
2 25 limited to life insurance, annuities, individual retirement
2 26 accounts, retirement plans, transfer on death accounts, and
2 27 payable on death accounts.
2 28 Sec. 2. APPLICABILITY. The section of this Act amending
2 29 section 633.31 applies to estates opened on or after July 1,
2 30 2015.
2 31 EXPLANATION
2 32 The inclusion of this explanation does not constitute agreement with
2 33 the explanation's substance by the members of the general assembly.
2 34 This bill relates to the court costs the clerk of probate
2 35 court charges and collects in connection with probate matters.
3 1 The bill specifies that for purposes of calculating the
3 2 court costs for other services performed in the settlement of
3 3 the estate of any decedent, minor, person with mental illness,
3 4 or other persons laboring under legal disability, the value of
3 5 such a person's personal property and real estate is equal to
3 6 the gross assets of the estate listed in the probate inventory
3 7 minus, unless the proceeds of the gross assets are payable to
3 8 the estate, joint tenancy property, transfers made during such
3 9 person's lifetime, and assets payable to beneficiaries, some
3 10 of which are enumerated.
3 11 Under current law, joint tenancy property, transfers
3 12 made during such person's lifetime, and assets payable to
3 13 beneficiaries are not excluded from the value of the personal
3 14 property and real estate used to calculate the court costs due
3 15 to the clerk pursuant to Code section 633.31(2)(k).
3 16 The bill applies to estates opened on or after July 1, 2015.
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