Bills › 89th General Assembly
Creating specialty probate courts
Sponsored by the House Judiciary Committee
Topics:Courts & civil law
Same legislation: HF 2268
Where it is now
- Done: IntroducedFebruary 4, 2022
- Done: SubcommitteeFebruary 9, 2022
- Done: House committeeFebruary 16, 2022
- Stopped: Passes the HouseDied when the General Assembly ended
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary Iowa would create three special courts to handle probate cases, which involve things like wills and estates. One court would be in the state's most populated county, one in the east, and one in the west. Each of these new courts would have a judge who focuses specifically on these types of legal matters.1
Read the official explanation
This bill relates to probate proceedings and instructs the Iowa supreme court to create specialty probate courts. One probate court shall be in the largest populated county, one in an eastern county, and the third one in a western county. Under current law, the probate code (Code chapter 633) allows a full-time associate probate judge to be appointed, but only one county is currently utilizing the option. The bill requires the establishment of two more probate courts that have a designated probate judge.
Fiscal note
Cost: up to $687,000 Compare with other bills
AI summary This bill directs the Iowa Supreme Court to establish three specialty probate courts with full-time associate probate judges in specific regions of the state. It is estimated to cost the Judicial Branch $516,000 in fiscal year 2023 and $687,000 each fiscal year after. These costs are funded from the state's General Fund.3
Read the fiscal note
Description
House File 2483 instructs the Iowa Supreme Court to create three specialty probate courts in the State, each with a qualified full-time associate probate judge. One probate court is to be in the county with the largest population, one is to be in an eastern county, and one is to be in a western county. Each probate court has jurisdiction granted to the district court under the probate code and the trust code.
Background
Iowa Code chapter 633 allows a full-time associate probate judge to be appointed, but only one county is currently utilizing this option.
Under Iowa Code section 633.10, the jurisdiction of the district court under the probate code includes: estates of decedents and absentees, the construction of wills, conservatorships and guardianships, trusts and trustees, and actions for accounting against a beneficiary of a transfer on death security registration.
According to Iowa Code section 633A.6101, under the trust code, a district court sitting in probate has exclusive jurisdiction of proceedings concerning the internal affairs of a trust and of actions and proceedings to determine the existence of a trust, actions and proceedings by or against creditors or debtors of a trust, and other actions and proceedings involving a trust and third persons.
Assumptions
- The Supreme Court will establish two more probate courts in the State.
- The Judicial Branch reports that it will require the following full-time equivalent (FTE) positions to support two additional probate courts:
- 2.0 FTE positions for associate probate judges, at the cost of $191,000 per FTE position.
- 1.0 FTE position for a judicial specialist, at the cost of $49,000 per FTE position.
- 1.8 FTE positions for court reporters, at the cost of $72,000 per FTE position.
- 2.0 FTE positions for law clerks, at the cost of $63,000 per FTE position.
- It will take approximately three months to hire new positions and set up the new probate courts, so costs related to the FTE positions are calculated at 75.0% for the first year.
Fiscal Impact
House File 2483 is estimated to have a cost of $516,000 to the Judicial Branch in FY 2023 and a cost of $687,000 each fiscal year after, as shown in Table 1 below. The Judicial Branch is funded from the State General Fund.
Table 1 — Estimated Cost to Judicial Branch
Sources
- Judicial Branch
- Legislative Services Agency
- Specialty Probate Courts · February 28, 2022 · $687,000
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89th General Assembly