Bill Text: IA SF2099 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to probate and the administration of small estates and including effective date and applicability provisions. (Formerly SSB 3009.) Various effective dates; see sections 6 and 7 of bill.
Spectrum: Committee Bill
Status: (Passed) 2018-05-16 - Signed by Governor. S.J. 1087. [SF2099 Detail]
Download: Iowa-2017-SF2099-Enrolled.html
Senate File 2099 - Enrolled
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
3009)
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A BILL FOR
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Senate File 2099
AN ACT
RELATING TO PROBATE AND THE ADMINISTRATION OF SMALL
ESTATES AND INCLUDING EFFECTIVE DATE AND APPLICABILITY
PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 633.3, Code 2018, is amended by adding
the following new subsection:
NEW SUBSECTION. 30A. Probate assets ==== means a
decedent's property subject to administration by a personal
representative.
Sec. 2. Section 635.1, Code 2018, is amended to read as
follows:
635.1 When applicable.
When the gross value of the probate assets of a decedent
subject to the jurisdiction of this state does not exceed one
two hundred thousand dollars, and upon a petition as provided
in section 635.2 of an authorized petitioner in accordance with
sections 633.227 and 633.228, or section 633.290, subsection
1, paragraph "a" or "b", the clerk shall issue letters of
appointment for administration to the proposed personal
representative named in the petition, if qualified to serve
pursuant to section 633.63 or upon court order pursuant to
section 633.64. Unless otherwise provided in this chapter,
the provisions of chapter 633 apply to an estate probated
administered pursuant to this chapter.
Sec. 3. Section 635.2, subsection 5, Code 2018, is amended
to read as follows:
5. A statement that the probate property assets of the
decedent subject to the jurisdiction of this state does do not
have an aggregate gross value of more than the amount permitted
under the provisions of section 635.1 and the approximate
amount of personal property and income for the purposes of
setting a bond.
Sec. 4. Section 635.7, Code 2018, is amended to read as
follows:
635.7 Report and inventory == value and conversion.
1. The personal representative is required to file the
report and inventory for which provision is made in section
633.361, including all probate and nonprobate assets. This
chapter does not exempt the personal representative from
complying with the requirements of section 422.27, 450.22,
450.58, 633.480, or 633.481, and the administration of an
estate whether converted to or from a small estate shall be
considered one proceeding pursuant to section 633.330.
2. The report and inventory shall show the gross value
of probate assets subject to the jurisdiction of this state
separately specify which assets are probate assets subject to
the jurisdiction of this state and clearly state their gross
value and the sum thereof.
3. If the gross value of probate assets subject to the
jurisdiction of this state exceeds the amount permitted
for a small estate under section 635.1, the estate shall be
administered as provided in chapter 633.
4. If the report and inventory in an estate probated
administered pursuant to chapter 633 shows separately
specifies the gross value of the probate assets subject to the
jurisdiction of this state does not exceed the amount permitted
under section 635.1, the estate shall be administered as a
small estate upon the filing of a statement by the personal
representative that the estate is a small estate.
5. If the personal representative files a report to convert
the estate administration to or from a small estate based on
the gross value of probate assets subject to the jurisdiction
of this state, the clerk shall make the conversion without an
order of the court.
5. 6. Other interested parties may apply to convert
proceedings from a small estate to a regular estate or from a
regular estate to a small estate which the court may grant only
upon good cause shown with approval from the court.
Sec. 5. Section 635.8, Code 2018, is amended to read as
follows:
635.8 Closing by sworn statement.
1. The personal representative shall file with the court
a closing statement and proof of service thereof to all
interested parties within a reasonable time from the date of
issuance of the letters of appointment after the expiration of
all times following all notices required in chapter 633. The
closing statement shall be verified or affirmed under penalty
of perjury stating and shall include all of the following
statements and information:
a. To the best knowledge of the personal representative, the
gross value of the probate assets subject to the jurisdiction
of this state does not exceed the amount permitted under
section 635.1.
b. The estate has been fully administered and will be
distributed to persons entitled thereto if no objection is
filed to the closing statement and the accounting and proposed
distribution within thirty days after service thereof.
c. An accounting and proposed distribution of the
estate explaining how and to whom the probate assets will
be distributed including an accurate description of all the
real estate of which the decedent died seized, stating the
nature and extent of the interest in the real estate and its
disposition.
d. A copy of the closing statement and a notice of an
opportunity to object to and request a hearing has been sent,
as provided in section 633.40, to all interested parties Notice
to all interested parties that the parties have thirty days
from the date of service of the closing statement in which to
request a hearing by filing an objection with the court.
e. A statement as to whether or not that all statutory
requirements pertaining to taxes have been complied with,
including whether federal estate tax due has been paid, whether
a lien continues to exist for any federal estate tax, and
whether inheritance tax was paid or a tax return was filed in
this state.
f. A statement that all statutory requirements pertaining to
claims have been complied with and a statement describing the
resolution of all claims, including charges, and whether a lien
continues to exist on any property as security for any claim.
f. g. The amount of fees to be paid to the personal
representative and the personal representative's attorney
with the appropriate documentation showing compliance with
subsection 4.
2. If no actions or proceedings involving the estate are
pending in the court thirty days after service of the closing
statement to all interested parties as provided in section
633.40, the estate shall be distributed according to the
closing statement.
3. The estate clerk shall close the estate without order of
the court and the personal representative shall be discharged
upon the earlier of either of the following:
a. The filing of an affidavit of mailing or other proof
of service of the closing statement and a statement of asset
distribution by the personal representative Filing an affidavit
of mailing or other proof of service of the closing statement
and filing proof of asset distribution, including receipts and
other evidence of disbursement.
b. Sixty days after the filing of the closing statement and
an affidavit of mailing or other proof of service thereof.
4. The fees for the personal representative shall not
exceed three percent of the gross value of the probate assets
of the estate, unless the personal representative itemizes
the personal representative's services to the estate. The
personal representative's attorney shall be paid reasonable
fees as approved by the court or as agreed to in writing by
the personal representative and such writing shall be executed
by the time of filing the probate report and inventory. All
interested parties shall have the opportunity to object and
request a hearing as to all fees reported in the closing
statement.
5. If a closing statement is not filed within twelve
months of the date of issuance of a letter of appointment, an
interlocutory report shall be filed within such time period.
Such report shall be provided to all interested parties at
least once every six months until the closing statement has
been filed unless excused by the court for good cause shown.
The provisions of section 633.473 requiring final settlement
within three years shall apply to an estate probated pursuant
to this chapter. A closing statement filed under this section
has the same effect as final settlement of the estate under
chapter 633.
Sec. 6. EFFECTIVE DATE. The following take effect July 1,
2018:
The sections of this Act amending sections 633.3, 635.2,
635.7, and 635.8.
Sec. 7. EFFECTIVE DATE. The following takes effect July 1,
2020:
The section of this Act amending section 635.1.
Sec. 8. APPLICABILITY. The following apply July 1, 2018, to
estates of decedents dying on or after July 1, 2018, and other
estates opened previously and for which administration has not
been completed as of July 1, 2018:
The sections of this Act amending sections 633.3, 635.2, and
635.8.
Sec. 9. APPLICABILITY. The following applies July 1, 2018,
to estates of decedents dying on or after July 1, 2018:
The section of this Act amending section 635.7.
Sec. 10. APPLICABILITY. The following applies July 1, 2020,
to estates of decedents dying on or after July 1, 2020:
The section of this Act amending section 635.1.
CHARLES SCHNEIDE
LINDA UPMEYER
W. CHARLES SMITH
KIM REYNOLDS
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