Bills › 89th General Assembly

SF 173Signed by Governor · March 8, 2021

Relating to trusts, including requirements for certifications of trust and the general order of abatement

Sponsored by the Senate Judiciary Committee

Topics:Courts & civil law

Same legislation: SSB 1012, HSB 21, HF 291

Where it is now

  1. Done: IntroducedJanuary 12, 2021
  2. Done: SubcommitteeJanuary 12, 2021
  3. Done: Senate committeeJanuary 27, 2021
  4. Done: Passes the SenateFebruary 3, 202146–0
  5. Skipped: House committeeSkipped
  6. Done: Passes the HouseFebruary 16, 2021
  7. Done: To the GovernorMarch 8, 2021
  8. Done: Signed into lawMarch 8, 2021

Signed into law What’s a funnel?

What’s in it

AI summary New rules would change how people prove they are in charge of a trust by requiring them to list all current trustees and how they are allowed to make decisions. Instead of needing a notary, people could simply sign the document under penalty of perjury. The bill also changes the order for paying out assets from a trust to ensure a surviving spouse is the last person to have their share reduced when there isn't enough money to cover debts or taxes.1

Read the official explanation

This bill relates to trusts, including requirements for a certification of trust and abatement of a disposition in favor of a surviving spouse who did not take an elective share. Current law prescribes certain requirements to be included in certifications of trusts. Under the bill, certifications of trust must also state the names of all currently acting trustees and, if there is more than one trustee, whether the trustees may act individually, or must act as a majority or unanimously. Under current law, a certification of trust must be subscribed and sworn to under penalty of perjury before a notary public. The bill provides that, in lieu of this procedure, a certification of trust may be dated and certified under penalty of perjury. Under current law, abatement occurs when the equitable assets of a deceased person are not sufficient to satisfy debts, creditors, or taxes.4703 provides a default order of abatement if the governing instrument is silent. Currently, shares allocated to residuary beneficiaries are abated first on a pro rata basis, followed by shares defined by dollar amount on a pro rata basis, and lastly the shares described as specific items of property are abated by the trustee among the beneficiaries as equitably as circumstances reasonably allow. A disposition in favor of a surviving spouse who has not taken an elective share is not abated when the abatement would result in increasing the amount of federal taxes payable by a person or entity. The bill provides that a disposition in favor of the surviving spouse who did not take an elective share is abated last, notwithstanding the current order of abatement which remains the same, and strikes the prohibition on such abatements which have the effect of increasing the amount of federal taxes payable by a person or entity.

Full bill text · What changed before it passed2

Senate subcommittee

Named January 12, 2021 (as SSB 1012). On January 19, 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

Iowa Code it changes

Amends§633A.4604§633A.4703

How the Code works3

Lobbying

4 for · 0 against · 3 undecided · Who →

Family tree