Bill Text: IA HF2130 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to probate, by amending the probate powers of the clerk and conforming the probate procedures to electronic data management systems standards. (Formerly HSB 506.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-06 - Withdrawn. H.J. 473. [HF2130 Detail]
Download: Iowa-2017-HF2130-Introduced.html
House File 2130 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 506) A BILL FOR 1 An Act relating to probate, by amending the probate powers 2 of the clerk and conforming the probate procedures to 3 electronic data management systems standards. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5188HV (1) 87 asf/rj PAG LIN 1 1 Section 1. Section 633.22, Code 2018, is amended to read as 1 2 follows: 1 3 633.22 Probate powers of clerk. 1 4 The clerk shall have and may exercise within the county 1 5 all the powers and jurisdiction of the court and of the judge 1 6 thereof, in the following matters: 1 71. The appointment of personal representatives who are 1 8 residents of the state, guardians and conservators for minors, 1 9 the fixing and determining of the amount of the bond, or 1 10 waiving the same when permitted by law or by will, and the 1 11 approval of any and all bonds given by fiduciaries in the 1 12 discharge of their duties.1 132.1. The examination and approval of all intermediate and 1 14 interlocutory accounts and reports of fiduciaries under this 1 15 chapter and converting and closing small estates under chapter 1 16 635. 1 173. The admission of wills of decedents to probate, when 1 18 not contested, and the making of necessary orders in relation 1 19 thereto, including orders for the issuance of commissions to 1 20 take depositions. Proof may be made before the clerk in the 1 21 same manner as is made in open court.1 224. The making of all necessary orders in relation to the 1 23 personal effects of a deceased person, where no objection 1 24 is filed, and perform all other acts within the clerk's 1 25 jurisdiction, as provided in this probate code.1 265. The approval, when notice has been waived by all persons 1 27 interested, of petitions and reports, or joint petitions and 1 28 reports, in respect to the sale, mortgage, pledge, lease or 1 29 exchange of property pursuant to sections 633.386 to 633.400.1 306.2. The entering of routine scheduling orders in probate 1 31 matters as established by the chief judge in each judicial 1 32 district. 1 33 Sec. 2. Section 633.27, Code 2018, is amended to read as 1 34 follows: 1 35 633.27 Probate docket. 2 1 The clerk shall keepa bookan electronic record to be known 2 2 as the "Probate Docket", which shall show: 2 3 1. The name of every deceased person whose estate is 2 4 administered or whose will is admitted to probate, and the date 2 5 of the person's death. 2 6 2. The name of each person as to whom application for 2 7 conservatorship or guardianship is made. 2 8 3. The names of all the heirs in intestate estates and the 2 9 surviving spouse of such deceased intestate, andtheir ages 2 10whether each person is an adult or a minor andplaceseach 2 11 person's place of residence, so far as they can be ascertained. 2 12 4. The title of each trust described in section 633.10 2 13 that has not been released by the court from continuous court 2 14 supervision. 2 15 5. A note of every sale of real estate made under the order 2 16 of the court, with a reference to the volume and page of the 2 17 record where a complete record thereof may be found. 2 18 Sec. 3. Section 633.42, Code 2018, is amended to read as 2 19 follows: 2 20 633.42 Requests for notice. 2 21 1. At any time after the issuance of letters of appointment, 2 22 any interested person in the proceeding may file with the 2 23 clerk a written request for notice of the time and place of 2 24 all hearings in such proceeding for which notice is required 2 25 by law, by rule of court, or by an order in such proceeding. 2 26 The request for notice shall state the name, electronic mail 2 27 address, telephone number, and post office address of the 2 28 requester and of the requester's attorney, if any, and the 2 29 reason the requester is an interested person in the proceeding. 2 30 The clerk shall docket the request. Thereafter, unless 2 31 otherwise ordered by the court, the fiduciary shall serve by 2 32 ordinary or electronic mail a notice of each hearing upon such 2 33 requester and the requester's attorney, if any. 2 34 2. A person does not gain standing by filing a request for 2 35 notice under this section. 3 1 Sec. 4. Section 633.82, Code 2018, is amended to read as 3 2 follows: 3 3 633.82 Designation of attorney. 3 4 The designation of the attorney employed by the fiduciary 3 5 to assist in the administration of the estate shall be filed 3 6 in the estate proceedings. The designation shall state the 3 7 attorney's name, post office address, electronic mail address, 3 8 and telephone number. The designation shall clearly state 3 9 the name of the attorney who is in charge of the case and the 3 10 attorney's name shall not be listed by firm name only. 3 11 Sec. 5. Section 633.306, Code 2018, is amended to read as 3 12 follows: 3 13 633.306 Record in foreign county. 3 14 Whenever it shall appear that the testator died seized of 3 15 real estate located in a county of this state other than that 3 16 in which probate is granted, a complete transcript, properly 3 17 authenticated, of the record entry of the order of court 3 18 admitting the will to probate, and, if a copy of such will is 3 19 not contained therein, a certified copy of such will shall be 3 20 attached thereto, and the same shall be filed by the clerk in 3 21 the office of the clerk of the district court in such other 3 22 county, who shall cause the same to be entered in the probate 3 23 docket, and said transcript shall be recorded in full in the 3 24bookelectronic record kept for the recording of wills in such 3 25 county. When so recorded, such record may be read in evidence 3 26 in all courts without further proof. 3 27 Sec. 6. Section 633.418, Code 2018, is amended to read as 3 28 follows: 3 29 633.418 Form and verification of claims ==== general 3 30 requirements. 3 31 No claim shall be allowed against an estate on application of 3 32 the claimant unless it shall be in writing, filedin duplicate3 33 with the clerk, stating the claimant's name,andaddress, 3 34 telephone number, and electronic mail address, describing 3 35 the nature and the amount thereof, if ascertainable, and 4 1 accompanied by the affidavit of the claimant, or someone for 4 2 the claimant, that the amount is justly due, or if not yet due, 4 3 when it will or may become due, that no payments have been 4 4 made thereon which are not credited, and that there are no 4 5 offsets to the same, to the knowledge of the affiant, except as 4 6 therein stated. If the claim is contingent, the nature of the 4 7 contingency shall also be stated.The duplicate of said claim 4 8 shall be mailed by the clerk to the personal representative or 4 9 the personal representative's attorney of record.4 10 Sec. 7. REPEAL. Section 633.72, Code 2018, is repealed. 4 11 Sec. 8. APPLICABILITY. The following apply July 1, 2018, to 4 12 actions of the clerk of the probate court completed on or after 4 13 that date: 4 14 1. The section of this Act amending section 633.22. 4 15 2. The section of this Act amending section 633.27. 4 16 3. The section of this Act amending section 633.306. 4 17 Sec. 9. APPLICABILITY. The following applies July 1, 2018, 4 18 to notices served on or after that date: 4 19 The section of this Act repealing section 633.72. 4 20 Sec. 10. APPLICABILITY. The following apply July 1, 2018, 4 21 to probate filings made on or after that date: 4 22 1. The section of this Act amending section 633.42. 4 23 2. The section of this Act amending section 633.82. 4 24 3. The section of this Act amending section 633.418. 4 25 EXPLANATION 4 26 The inclusion of this explanation does not constitute agreement with 4 27 the explanation's substance by the members of the general assembly. 4 28 This bill amends Code chapter 633 to conform probate 4 29 procedures to the standards of the electronic data management 4 30 system as established by the judicial branch and amends the 4 31 probate powers of the clerk. The bill amends Code section 4 32 633.22, probate powers of clerk, to eliminate the following 4 33 duties of the clerk. It eliminates the duty to appoint 4 34 personal representatives, guardians and conservators for 4 35 minors, fix and determine the amount of the bond, or waive 5 1 the same when permitted by law or by will, and the approval 5 2 of any and all bonds given by fiduciaries in the discharge of 5 3 their duties. The bill eliminates the duty to admit wills 5 4 of decedents to probate, when not contested, and to make 5 5 necessary orders in relation thereto, including orders to issue 5 6 commissions to take depositions. It eliminates the duty to 5 7 make all necessary orders in relation to the personal effects 5 8 of a deceased person, where no objection is filed, and perform 5 9 all other acts within the clerk's jurisdiction, as provided in 5 10 the probate code. The bill eliminates the duty to approve, 5 11 when notice has been waived by all persons interested, of 5 12 petitions and reports, or joint petitions and reports, in 5 13 respect to the sale, mortgage, pledge, lease, or exchange of 5 14 property pursuant to Code sections 633.386 to 633.400. 5 15 Under Code section 633.22, the clerk retains the power to 5 16 examine and approve all intermediate and interlocutory accounts 5 17 and reports of fiduciaries. However, the bill provides that 5 18 such power is exercisable under Code chapter 633 and that the 5 19 clerk may convert and close small estates under Code chapter 5 20 635. The clerk continues to have the ability to enter routine 5 21 scheduling orders in probate matters as established by the 5 22 chief judge of the judicial district. 5 23 The bill amends Code section 633.27 to provide that the 5 24 clerk no longer keeps the probate docket as a book, but rather 5 25 as an electronic record. The probate docket must, among other 5 26 things, name all heirs in intestate estates and the surviving 5 27 spouse of each deceased intestate, and show whether each 5 28 person is an adult or a minor, and each person's residence. 5 29 Currently, the probate docket must include such persons' 5 30 precise ages, not categorically whether such persons are adults 5 31 or minors. The probate docket will no longer be required to 5 32 indicate the volume and page of a real estate record in light 5 33 of the nature of electronic records. 5 34 The bill amends Code section 633.42 to require that the 5 35 requests for notice include a telephone number. 6 1 The bill amends Code section 633.82 to require that the 6 2 designation of an attorney includes the attorney's electronic 6 3 mail address. 6 4 The bill amends Code section 633.306 to provide that the 6 5 probate docket is no longer a book, but rather an electronic 6 6 record. 6 7 The bill amends the form and verification requirements of 6 8 claims in Code section 633.418. It eliminates the requirement 6 9 to file forms in duplicate and the instruction to clerks 6 10 on what to do with the duplicate claim form. It adds the 6 11 requirement that the claimant provide a telephone number and 6 12 electronic mail address. 6 13 The bill repeals Code section 633.72, which dictates 6 14 the manner of service for original notices to nonresident 6 15 fiduciaries. 6 16 Finally, the bill makes its various sections applicable July 6 17 1, 2018, to the following: the actions of the clerk of the 6 18 probate court under Code sections 633.22, 633.27, and 633.306; 6 19 notices served under Code section 633.72 which is repealed; 6 20 and probate filings under Code sections 633.42, 633.82, and 6 21 633.418. LSB 5188HV (1) 87 asf/rj
