Bills › 90th General Assembly

Relating to probate law, including charitable organizations as named beneficiaries

Sponsored by the House Judiciary Committee

Topics:Courts & civil law

Same legislation: HF 515, HF 2366

Where it is now

  1. Done: IntroducedMarch 1, 2023
  2. Done: SubcommitteeMarch 1, 2023
  3. Done: House committeeMarch 2, 2023
  4. Skipped: Passes the HouseContinued as HF 2366
  5. Next: Senate committee
  6. Next: Passes the Senate
  7. Next: To the Governor
  8. Next: Signed into law

Became HF 2366 → Its progress continues under the new number. Go to HF 2366 What’s a funnel?

What’s in it

AI summary Charitable organizations that are named in someone's will can use a signed legal document to claim property or information left to them. This process allows them to receive assets like stocks directly without extra steps, as long as they follow specific rules. People who help transfer this property are protected from being sued if they follow the document in good faith.1

Read the official explanation

This bill relates to probate law regarding charitable organizations named as beneficiaries of an estate. The bill allows a charitable organization to present an affidavit to any person for the purpose of obtaining property, or information regarding property, owned by a decedent for which the charitable organization is a named beneficiary. The bill provides the representations and requirements of the affidavit presented. The bill prohibits a person from requesting any additional personal information of an individual employed by, or serving on the board of, such charitable organization. The bill provides that upon completion of the bill’s requirements, the charitable organization shall receive the decedent’s property as the beneficiary and a transfer agent of a security described in the affidavit shall change registered ownership on the books of the corporation from the decedent to or for the benefit of the successor. The bill provides that a person in good faith that relies upon and has no knowledge that the representations in the affidavit are incorrect shall not be liable to any person for so acting in reliance of the affidavit. The person who received the request has days to verify the affidavit and provide the information or requested property to the charitable organization. Upon failing to do so the charitable organization may bring an action to recover the property, information, or to compel the delivery of the property against the person to whom the charitable organization presented the affidavit. The bill allows an action to be brought within one year after the date of the act or failure to act. If the charitable organization prevails in the court action, the court may also award damages sustained, costs of the action, a penalty determined by the court of not less than $500 and not more than $10,000, and reasonable attorney fees.

Full bill text · What changed before it passed2

House subcommittee

Named January 24, 2024. On January 30, 2024 it recommended passage. Vote Total: 3-0.

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

Creates§633.358

How the Code works3

Lobbying

2 for · 0 against · 4 undecided · Who →

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