Bills › 89th General Assembly
Relating to the calculation of certain court costs in probate matters, and including effective date and applicability provisions
Sponsored by the House Ways and Means (successor To Hsb 20) Committee
Topics:Courts & civil lawTaxes
Where it is now
- Done: IntroducedFebruary 2, 2021
- Done: SubcommitteeFebruary 18, 2021
- Done: House committeeFebruary 25, 2021
- Done: Passes the HouseMarch 9, 2021
- Done: Senate committeeApril 20, 2021
- Done: Passes the SenateMay 17, 202145–0
- Done: To the GovernorMay 28, 2021
- Done: Signed into lawJune 8, 2021
Signed into law What’s a funnel?
What’s in it
AI summary This bill changes how court clerks calculate fees for managing estates, guardianships, and other probate matters. Instead of using a sliding scale, clerks will charge 0.2 percent of the value of the assets listed in the official inventory. These fees will not be charged on certain items like life insurance, retirement accounts, or property that goes directly to a beneficiary.1
Read the official explanation
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. 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, which include but are not limited to joint tenancy property; property transferred during the decedent’s lifetime; life insurance, annuities, individual retirement accounts, retirement plans, transfer on death accounts, payable on death accounts, and similar assets payable to beneficiaries other than the estate of the decedent; and real estate not located in Iowa. 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. The bill provides that the clerk shall charge and collect court costs for services performed in a conservatorship based 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, 2022. 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, 2022.
Senate subcommittee
Named March 11, 2021. On March 23, 2021 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 by basing the costs only on probate assets and excluding nonprobate assets. It is estimated to reduce revenue to the state's General Fund by $2,870,000 in fiscal year 2022, $5,663,000 in fiscal year 2023, and $5,574,000 in fiscal year 2024.3
Read the fiscal note
Description
House File 711 relates to the court costs that the clerk of probate court charges and collects in connection with probate matters. The Bill requires the clerk of court to 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 are 0.2% of the value of the probate assets. In addition, the Bill excludes all nonprobate assets from the calculation of court costs.
House File 711 also provides that court costs will 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 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.
House File 711 takes effect January 1, 2022. 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, 2022.
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. In FY 2020, the revenue from fees on estate values under Iowa Code section 633.31(2)(k) was $11.8 million. 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 at least 50.0%, reducing revenue by 50.0%.
- From FY 2015 to FY 2020, the revenue from fees charged pursuant to Iowa Code section 633.31(2)(k) decreased by a total of 7.9%, an average decline of 1.6% per year. In FY 2020, $11.8 million was collected in fees on the estate value. This analysis assumes revenues will decline by 1.6% each year starting in FY 2021. The estimated FY 2021 probate fee revenue is $11.6 million.
- The current fee on estate values in Iowa Code section 633.31(2)(k) equals $50 for each $25,000 in applicable estate values, or 0.002%. The estimated estate value required to produce the probate fee revenue is the actual or estimated fees collected divided by 0.002.
Fiscal Impact
House File 711 is estimated to reduce fee revenue to the General Fund by the amounts listed in the following table beginning FY 2022 through FY 2024.
HF 711 — Estimated Change in Probate Fee Revenue
State General Fund
It is important to note that in recent years many probate attorneys have been filing motions in estate cases to exclude most or all the types of assets that this Bill will remove from the calculation of the estate value subject to probate fees. Some of the motions have been granted, but not all. Depending on how judges continue to rule on these motions going forward, the revenue reduction to the General Fund may be less than initially estimated.
Sources
- Judicial Branch
- LSA analysis
- Final Fiscal Note — Probate Fees · June 24, 2021
- Probate Fees · March 3, 2021
- Probate Fees · February 8, 2021
- Probate Fees · February 4, 2021
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Tried before
This idea has been filed in an earlier General Assembly. None became law, though one got through a chamber.
- SF 604 Relating to the calculation of certain court costs in probate matters, and including effec…88th General Assembly · Passed Senate · same titlePassed a chamber
- SF 327 Relating to the calculation of certain court costs in probate matters, and including effec…88th General Assembly · Renumbered as SF 604 · very similarCleared committee
Matched by wording or an identical title.