Bill Text: IA HF711 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to the calculation of certain court costs in probate matters, and including effective date and applicability provisions. (Formerly HF 360, HSB 20.) Effective date: 01/01/2022. Applicability date: 01/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2021-06-08 - Signed by Governor. H.J. 1210. [HF711 Detail]
Download: Iowa-2021-HF711-Enrolled.html
House
File
711
-
Enrolled
House
File
711
AN
ACT
RELATING
TO
THE
CALCULATION
OF
CERTAIN
COURT
COSTS
IN
PROBATE
MATTERS,
AND
INCLUDING
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
633.31,
Code
2021,
is
amended
to
read
as
follows:
633.31
Calendar
——
fees
court
costs
in
probate.
1.
The
clerk
shall
keep
a
court
calendar,
and
enter
thereon
such
matters
as
the
court
may
prescribe.
2.
The
clerk
shall
charge
and
collect
the
following
fees
court
costs
in
connection
with
probate
matters
,
which
shall
be
deposited
in
the
account
established
under
section
602.8108
:
a.
For
services
performed
in
short
form
probates
pursuant
to
sections
450.22
and
450.44
.
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$
15.00
b.
For
services
performed
in
probate
of
will
without
administration
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$
15.00
c.
For
filing
and
indexing
a
transcript
.
.
.
.
.
.
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.
$
50.00
d.
For
taking
and
approving
a
bond,
or
the
sureties
on
a
bond
.
.
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$
20.00
e.
For
entering
a
rule
or
order
.
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$
10.00
f.
For
certificate
and
seal
.
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$
10.00
g.
For
making
a
complete
record
where
real
estate
is
sold
.
per
100
words
.
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$
.20
h.
For
making
a
transcript
or
copies
of
House
File
711,
p.
2
orders
or
records
filed
in
the
clerk’s
office
.
.
per
100
words
.
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$
.50
i.
For
certifying
change
of
title
.
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$
20.00
j.
For
issuing
commission
to
appraisers
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$
2.00
k.
For
other
services
performed
in
the
settlement
of
the
estate
of
any
decedent,
minor,
person
with
mental
illness,
or
other
persons
laboring
under
legal
disability,
except
where
actions
are
brought
by
the
administrator,
guardian,
trustee,
or
person
acting
in
a
representative
capacity
or
against
that
person,
or
as
may
be
otherwise
provided
herein,
where
the
value
of
the
personal
property
and
real
estate
of
such
a
person
falls
within
the
following
indicated
amounts,
the
fee
opposite
such
amount
shall
be
charged.
(1)
Up
to
$3,000.00
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.
5.00
(2)
3,000.00
to
5,000.00
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.
10.00
(3)
5,000.00
to
7,000.00
.
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15.00
(4)
7,000.00
to
10,000.00
.
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.
20.00
(5)
10,000.00
to
15,000.00
.
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.
25.00
(6)
15,000.00
to
25,000.00
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30.00
(7)
For
each
additional
$25,000.00
or
major
fraction
thereof
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50.00
l.
For
services
performed
in
small
estate
administration
.
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15.00
3.
a.
The
fee
set
forth
in
subsection
2
,
paragraph
“k”
,
shall
not
be
charged
on
any
property
transferred
to
a
testamentary
trust
from
an
estate
that
has
been
administered
in
this
state
and
for
which
court
costs
have
been
assessed
and
paid.
For
other
services
performed
in
a
decedent’s
estate
administered
under
this
chapter
or
chapter
635,
the
clerk
shall
charge
and
collect
court
costs
equal
to
two-tenths
of
one
percent
of
the
value
of
the
probate
assets
listed
in
the
report
and
inventory.
b.
Court
costs
shall
not
be
charged
or
collected
under
this
subsection
on
assets
which
are
not
probate
assets
including
but
not
limited
to
the
following:
(1)
Joint
tenancy
property.
(2)
Property
transferred
during
the
decedent’s
lifetime.
(3)
Life
insurance,
annuities,
individual
retirement
House
File
711,
p.
3
accounts,
retirement
plans,
transfer
on
death
accounts,
payable
on
death
accounts,
and
similar
assets
payable
to
beneficiaries
other
than
the
estate
of
the
decedent.
(4)
Real
estate
not
located
in
Iowa.
c.
Court
costs
shall
not
be
charged
or
collected
on
assets
transferred
to
an
estate
from
a
conservatorship
that
has
been
administered
in
the
state
and
for
which
court
costs
have
been
charged
and
collected
from
the
conservatorship
under
subsection
4.
4.
For
other
services
performed
in
a
conservatorship,
the
clerk
shall
charge
and
collect
court
costs
equal
to
two-tenths
of
one
percent
of
the
gross
value
of
the
assets
listed
in
the
inventory
minus
the
value
of
the
life
insurance.
5.
Court
costs
collected
under
this
section
shall
be
deposited
in
the
account
established
under
section
602.8108.
Sec.
2.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
2022.
Sec.
3.
APPLICABILITY.
This
Act
applies
to
conservatorships,
court-administered
trusts,
guardianships,
and
estates
of
decedents
for
which
the
petition
is
filed
and
other
probate
matters
where
filings
are
made
and
actions
are
taken
on
and
after
January
1,
2022.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
711,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
