Bill Text: IA SSB1013 | 2019-2020 | 88th General Assembly | Introduced
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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-13 - Subcommittee recommends passage. [SSB1013 Detail]
Download: Iowa-2019-SSB1013-Introduced.html
Senate
Study
Bill
1013
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
the
calculation
of
certain
court
costs
1
in
probate
matters,
and
including
effective
date
and
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
633.31,
Code
2019,
is
amended
to
read
as
1
follows:
2
633.31
Calendar
——
fees
court
costs
in
probate.
3
1.
The
clerk
shall
keep
a
court
calendar,
and
enter
thereon
4
such
matters
as
the
court
may
prescribe.
5
2.
The
clerk
shall
charge
and
collect
the
following
fees
6
court
costs
in
connection
with
probate
matters
,
which
shall
be
7
deposited
in
the
account
established
under
section
602.8108
:
8
a.
For
services
performed
in
short
9
form
probates
pursuant
to
sections
10
450.22
and
450.44
.
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.
$
15.00
11
b.
For
services
performed
in
probate
of
12
will
without
administration
.
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$
15.00
13
c.
For
filing
and
indexing
a
transcript
.
.
.
.
.
.
.
.
.
.
.
.
.
$
50.00
14
d.
For
taking
and
approving
a
bond,
or
15
the
sureties
on
a
bond
.
.
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$
20.00
16
e.
For
entering
a
rule
or
order
.
.
.
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.
.
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$
10.00
17
f.
For
certificate
and
seal
.
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$
10.00
18
g.
For
making
a
complete
record
where
19
real
estate
is
sold
.
per
100
words
.
.
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.
.
.
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.
$
.20
20
h.
For
making
a
transcript
or
copies
of
21
orders
or
records
filed
in
22
the
clerk’s
office
.
.
per
100
words
.
.
.
.
.
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.
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.
$
.50
23
i.
For
certifying
change
of
title
.
.
.
.
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.
$
20.00
24
j.
For
issuing
commission
to
25
appraisers
.
.
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.
$
2.00
26
k.
For
other
services
performed
in
the
settlement
of
the
27
estate
of
any
decedent,
minor,
person
with
mental
illness,
or
28
other
persons
laboring
under
legal
disability,
except
where
29
actions
are
brought
by
the
administrator,
guardian,
trustee,
30
or
person
acting
in
a
representative
capacity
or
against
that
31
person,
or
as
may
be
otherwise
provided
herein,
where
the
value
32
of
the
personal
property
and
real
estate
of
such
a
person
falls
33
within
the
following
indicated
amounts,
the
fee
opposite
such
34
amount
shall
be
charged.
35
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(1)
Up
to
$3,000.00
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.
.
5.00
1
(2)
3,000.00
to
5,000.00
.
.
.
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.
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.
10.00
2
(3)
5,000.00
to
7,000.00
.
.
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.
15.00
3
(4)
7,000.00
to
10,000.00
.
.
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.
20.00
4
(5)
10,000.00
to
15,000.00
.
.
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.
25.00
5
(6)
15,000.00
to
25,000.00
.
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.
30.00
6
(7)
For
each
additional
$25,000.00
or
7
major
fraction
thereof
.
.
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.
50.00
8
l.
For
services
performed
in
small
9
estate
administration
.
.
.
.
.
.
.
.
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15.00
10
3.
a.
The
fee
set
forth
in
subsection
2
,
paragraph
11
“k”
,
shall
not
be
charged
on
any
property
transferred
to
a
12
testamentary
trust
from
an
estate
that
has
been
administered
13
in
this
state
and
for
which
court
costs
have
been
assessed
and
14
paid.
For
other
services
performed
in
a
decedent’s
estate
15
administered
under
this
chapter
or
chapter
635,
the
clerk
shall
16
charge
and
collect
court
costs
equal
to
two-tenths
of
one
17
percent
of
the
value
of
the
probate
assets
listed
in
the
report
18
and
inventory.
19
b.
Court
costs
shall
not
be
charged
or
collected
under
this
20
subsection
on
assets
which
are
not
probate
assets
including
but
21
not
limited
to
the
following:
22
(1)
Joint
tenancy
property.
23
(2)
Property
transferred
during
the
decedent’s
lifetime.
24
(3)
Life
insurance
annuities,
individual
retirement
25
accounts,
retirement
plans,
transfer
on
death
accounts,
payable
26
on
death
accounts,
and
similar
assets
payable
to
beneficiaries
27
other
than
the
estate
of
the
decedent.
28
(4)
Real
estate
not
located
in
Iowa.
29
c.
Court
costs
shall
not
be
charged
or
collected
on
assets
30
transferred
to
an
estate
from
a
conservatorship
that
has
been
31
administered
in
the
state
and
for
which
court
costs
have
been
32
charged
and
collected
from
the
conservatorship
under
subsection
33
4.
34
4.
For
other
services
performed
in
a
conservatorship,
the
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clerk
shall
charge
and
collect
court
costs
equal
to
two-tenths
1
of
one
percent
of
the
gross
value
of
the
assets
listed
in
the
2
inventory
minus
the
value
of
the
life
insurance.
3
5.
Court
costs
collected
under
this
section
shall
be
4
deposited
in
the
account
established
under
section
602.8108.
5
Sec.
2.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
6
2020.
7
Sec.
3.
APPLICABILITY.
This
Act
applies
to
8
conservatorships,
court-administered
trusts,
guardianships,
and
9
estates
of
decedents
for
which
the
petition
is
filed
and
other
10
probate
matters
where
filings
are
made
and
actions
are
taken
11
on
and
after
January
1,
2020.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
the
court
costs
the
clerk
of
probate
16
court
charges
and
collects
in
connection
with
probate
matters.
17
Under
current
law,
Code
section
633.31(2)(k)
provides
a
18
sliding
scale
fee
for
services
performed
in
connection
with
the
19
settlement
of
an
estate
based
upon
the
value
of
the
estate.
20
The
bill
provides
that
for
services
performed
in
a
decedent’s
21
estate
administered
under
Code
chapter
633
or
Code
chapter
635
22
that
the
clerk
of
court
shall
charge
and
collect
court
costs
23
based
on
the
probate
assets
listed
in
the
report
and
inventory.
24
The
bill
provides
that
the
court
costs
charged
on
the
value
of
25
those
assets
shall
be
.2
percent
of
the
value
of
the
probate
26
assets.
The
bill
provides
that
court
costs
shall
not
be
27
charged
or
collected
on
assets
that
are
not
probate
assets
and
28
identifies
what
is
not
a
probate
asset.
The
bill
provides
29
that
court
costs
shall
not
be
charged
or
collected
on
assets
30
transferred
to
an
estate
from
a
conservatorship
that
has
been
31
administered
in
the
state
and
for
which
court
costs
have
been
32
charged
and
collected
in
the
conservatorship.
33
The
bill
provides
that
the
clerk
shall
charge
and
collect
34
court
costs
for
services
performed
in
a
conservatorship
based
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on
the
gross
value
of
the
assets
listed
in
the
inventory
minus
1
the
value
of
the
life
insurance.
The
bill
provides
that
the
2
court
costs
charged
on
the
value
of
those
assets
shall
be
.2
3
percent
of
the
value
of
the
assets.
4
The
bill
takes
effect
January
1,
2020.
The
bill
applies
to
5
conservatorships,
court-administered
trusts,
guardianships,
and
6
estates
of
decedents
for
which
the
petition
is
filed
and
other
7
probate
matters
where
filings
are
made
and
actions
are
taken
8
on
and
after
January
1,
2020.
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