Bills › 88th General Assembly
Where it is now
- Done: IntroducedFebruary 20, 2019
- Done: SubcommitteeJanuary 15, 2019
- Done: Senate committeeFebruary 20, 2019
- Done: Passes the SenateApril 17, 201950–0
- Done: House committeeMarch 12, 2020
- Stopped: Passes the HouseDied when the General Assembly ended
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill relates to the court costs the clerk of probate court charges and collects in connection with probate matters.31(2)(k) provides a sliding scale fee for services performed in connection with the settlement of an estate based upon the value of the estate. The bill provides that for services performed in a decedent’s estate administered under Code chapter 633 or Code chapter 635 that the clerk of court shall charge and collect court costs based on the probate assets listed in the report and inventory.
Read the full explanation
2 percent of the value of the probate assets. The bill provides that court costs shall not be charged or collected on assets that are not probate assets and identifies what is not a probate asset. The bill provides that 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 in the conservatorship. _____ on the gross value of the assets listed in the inventory minus the value of the life insurance.2 percent of the value of the assets. The bill takes effect January 1, 2020. The bill 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, 2020.
Senate subcommittee
Named January 15, 2019. On February 13, 2019 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill changes how clerks of court calculate and collect fees for probate matters, such as estates, guardianships, and conservatorships, by basing costs on 0.2% of specific assets and excluding nonprobate assets. It is estimated to reduce fee revenue to the state's General Fund by approximately $2,988,103 in fiscal year 2020 and $5,896,723 in fiscal year 2021.2
Read the fiscal note
Description
Senate File 604 relates to the court costs that the clerk of probate court charges and collects in connection with probate matters. The Bill provides that the clerk of court shall charge and collect court costs based on the probate assets listed in the report and inventory for services performed in a decedent’s estate administered by Iowa Code chapter 633 or 635. The court costs charged on the value of those assets shall be 0.2% of the value of the probate assets. In addition, the Bill excludes all nonprobate assets from the calculation of court costs. Senate File 604 also provides that court costs shall not be charged or collected on assets transferred to an estate from a conservatorship that had been administered in the State and for which court costs have previously been charged and collected in the conservatorship. For other services performed in a conservatorship, the clerk shall charge and collect court costs based on the gross value of the assets listed in the inventory minus the value of the life insurance. The Bill provides that the court costs charged on the value of those assets shall be 0.2% of the value of the assets.
Senate File 604 takes effect January 1, 2020. The Bill applies to conservatorships, court-administered trusts, guardianships, and estates of decedents for which the petition is filed and other probate matters in which filings are made and actions are taken on and after January 1, 2020.
Background
Under current law, Iowa Code section 633.31(2)(k) provides a sliding scale fee for services performed in connection with the settlement of an estate based upon the value of the estate. The probate fees collected by clerks of court are deposited in the State General Fund pursuant to Iowa Code section 602.8108. Currently, the value of the assets may include both probate and nonprobate assets for the purpose of calculating court costs.
Assumptions
- The removal of nonprobate assets will reduce the overall estate value subject to fees pursuant to Iowa Code section 633.31(2)(k) by an average of 50.0%, reducing revenue by 50.0%.
- From FY 2015 to FY 2018, the revenue from fees charged pursuant to Iowa Code section 633.31(2)(k) decreased by a total of 4.0%, an average decline of 1.33% per year. In FY 2018, $12.3 million was collected in fees on the estate value. This analysis assumes revenues will decline by 1.33% each year starting in FY 2019.
Fiscal Impact
Senate File 604 is estimated to reduce fee revenue to the General Fund by approximately $3.0 million in FY 2020 and $5.9 million in FY 2021. The following table shows the estimated fiscal impact of SF 604 beginning on January 1, 2020, through FY 2023. SF 604 — Estimated Change in Probate Fee Revenue
State General Fund
Sources
- Judicial Branch
- LSA analysis and calculations
- Probate Fees · April 1, 2019
- Probate Fees · February 22, 2019
Family tree
88th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
Similar bills
- HF 360 Relating to the calculation of certain court costs in probate matters, and including effec…89th General Assembly · Renumbered as HF 711Very similar
Matched by wording or an identical title.