Read the full stored bill text
Senate
File
2364
-
Introduced
SENATE
FILE
2364
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3157)
(COMPANION
TO
HF
2532
BY
COMMITTEE
ON
JUDICIARY)
A
BILL
FOR
An
Act
relating
to
probate
and
trust
matters,
including
1
time
limitations
on
actions,
attorney
fees,
trust
code
2
proceedings
and
notice
requirements,
damages
for
wrongful
3
death,
and
filing
deadlines,
and
including
effective
date
4
and
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
5745SV
(2)
91
lh/jh
S.F.
2364
Section
1.
Section
614.1,
Code
2026,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
2B.
With
respect
to
nontestamentary
3
transfers.
Those
founded
upon
a
decedent’s
title
to
assets,
4
beneficiary
designations,
or
other
nontestamentary
transfers
5
procured
in
whole
or
in
part
by
tortious
interference
with
6
inheritance,
undue
influence,
fraud,
or
other
wrongful
conduct
7
not
involving
fraud,
within
two
years
of
the
decedent’s
death.
8
Sec.
2.
NEW
SECTION
.
633.163
Fees
——
expenses.
9
In
a
disputed
judicial
proceeding
involving
the
10
administration
of
a
decedent’s
estate,
the
court,
as
equity
11
and
justice
may
require,
may
award
costs,
attorney
fees,
and
12
other
expenses
to
any
party
to
be
paid
by
another
or
from
the
13
estate
that
is
the
subject
of
the
controversy.
For
purposes
of
14
this
section,
attorney
fees
do
not
included
an
attorney
fee
as
15
described
in
section
633.198.
16
Sec.
3.
Section
633.336,
Code
2026,
is
amended
by
striking
17
the
section
and
inserting
in
lieu
thereof
the
following:
18
633.336
Damages
for
wrongful
death.
19
1.
When
a
wrongful
act
produces
death,
damages
recovered
as
20
a
result
of
the
wrongful
act
shall
be
disposed
of
as
personal
21
property
belonging
to
the
estate
of
the
deceased
person
except
22
to
the
extent
that
the
damages
are
for
loss
of
services
and
23
support.
24
2.
The
probate
court
shall
determine
the
amount
belonging
to
25
the
estate
and
the
amount
belonging
to
the
persons
suffering
26
the
loss
of
services
and
support.
27
3.
The
amount
belonging
to
the
estate
shall
be
at
least
the
28
amount
necessary
to
pay
for
all
of
the
following:
29
a.
Court
costs
and
reasonable
fees
and
further
allowances
30
for
the
personal
representatives
and
their
attorneys
to
31
administer
the
estate
of
the
deceased
person.
32
b.
Department
of
health
and
human
services
for
payments
made
33
for
medical
assistance
pursuant
to
chapter
249A,
paid
on
behalf
34
of
the
decedent
from
the
time
of
the
injury
which
gives
rise
to
35
-1-
LSB
5745SV
(2)
91
lh/jh
1/
4
S.F.
2364
the
decedent’s
death
up
until
the
date
of
the
decedent’s
death.
1
4.
The
probate
court
shall
then
determine
whether
there
2
are
debts
and
charges
classified
under
section
633.425
related
3
to
the
wrongful
death
that
should
be
paid
from
the
remaining
4
portion
belonging
to
the
estate.
5
5.
The
balance
of
the
portion
belonging
to
the
estate
shall
6
be
distributed
pursuant
to
the
decedent’s
will
or
the
laws
of
7
intestate
succession.
8
6.
Damages
for
loss
of
services
and
support
shall
be
9
apportioned
among
the
persons
suffering
the
loss
of
services
10
and
support
in
a
manner
as
the
court
may
deem
equitable
11
consistent
with
those
losses
sustained
by
each
person.
12
Sec.
4.
Section
633.361,
unnumbered
paragraph
1,
Code
2026,
13
is
amended
to
read
as
follows:
14
Within
ninety
one
hundred
twenty
days
after
qualification
by
15
the
personal
representative,
unless
a
longer
time
is
granted
16
by
the
court,
the
personal
representative
shall
file
with
the
17
clerk
a
report
and
inventory
of
the
property
of
the
decedent,
18
so
far
as
the
same
has
come
to
the
knowledge
of
the
personal
19
representative.
The
report
and
inventory
shall
be
verified
20
or
affirmed
under
penalty
of
perjury.
It
shall
include
the
21
following
information:
22
Sec.
5.
NEW
SECTION
.
633A.6203
Nature
of
proceedings
——
23
orders
in
trust
code
——
notice.
24
1.
Actions
to
set
aside
or
contest
trusts
and
for
the
25
establishment
of
contested
claims
shall
be
triable
in
probate
26
as
law
actions,
and
all
other
matters
triable
under
the
trust
27
code
shall
be
tried
by
the
probate
court
as
a
proceeding
in
28
equity.
29
2.
All
orders
and
decrees
of
the
court
sitting
in
probate
30
are
final
decrees
as
to
the
parties
having
notice
and
those
who
31
have
appeared
without
notice.
32
3.
All
orders
without
notice
or
appearance
are
reviewable
by
33
the
court
at
any
time
prior
to
the
entry
of
an
order
closing
or
34
terminating
court
jurisdiction.
35
-2-
LSB
5745SV
(2)
91
lh/jh
2/
4
S.F.
2364
4.
Other
than
notice
required
under
the
rules
of
civil
1
procedure,
notice
and
hearing
of
actions
under
section
2
633A.6202
shall
be
governed
by
section
633A.1109.
3
Sec.
6.
EFFECTIVE
DATE.
The
following,
being
deemed
of
4
immediate
importance,
takes
effect
upon
enactment:
5
The
section
of
this
Act
enacting
section
633A.6203.
6
Sec.
7.
APPLICABILITY.
The
following
apply
to
actions
7
involving
decedents
dying
on
or
after
July
1,
2026:
8
1.
The
section
of
this
Act
enacting
section
614.1,
9
subsection
2B.
10
2.
The
section
of
this
Act
enacting
section
633.163.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
probate
code
and
trust
code
matters,
15
including
time
limitations
on
nontestamentary
transfer
actions,
16
attorney
fees,
trust
code
proceedings,
trust
code
notice
17
requirements,
damages
for
wrongful
death,
and
probate
report
18
and
inventory
filing
deadlines.
19
The
bill
creates
a
period
of
limitations
for
nontestamentary
20
transfers.
The
bill
requires
actions
founded
upon
a
21
decedent’s
title
to
assets,
beneficiary
designations,
or
other
22
nontestamentary
transfers
procured
by
tortious
interference
23
with
inheritance,
undue
influence,
fraud,
or
other
wrongful
24
conduct
not
involving
fraud,
to
be
brought
within
two
years
25
of
the
decedent’s
death.
This
provision
applies
to
actions
26
involving
decedents
dying
on
or
after
July
1,
2026.
27
The
bill
allows
the
court
to
award
costs,
attorney
fees,
28
and
other
expenses
to
any
party
in
a
probate
proceeding.
This
29
provision
applies
to
actions
involving
decedents
dying
on
or
30
after
July
1,
2026.
31
The
bill
provides
that
when
a
wrongful
act
produces
death,
32
damages
recovered
as
a
result
of
that
act
shall
be
disposed
of
33
as
personal
property
belonging
to
the
estate
of
the
deceased
34
person
except
to
the
extent
that
the
damages
are
for
loss
of
35
-3-
LSB
5745SV
(2)
91
lh/jh
3/
4
S.F.
2364
services
and
support.
The
bill
requires
the
court
to
determine
1
the
amount
belonging
to
the
estate
and
the
amount
belonging
to
2
the
persons
suffering
the
loss
of
services
and
support.
3
The
bill
extends
the
filing
deadline
for
probate
report
and
4
inventory
from
90
days
to
120
days.
5
The
bill
provides
that
actions
to
set
aside
or
contest
trusts
6
and
for
the
establishment
of
contested
claims
shall
be
triable
7
in
probate
as
law
actions.
The
bill
further
provides
that
all
8
other
matters
triable
under
the
trust
code
shall
be
tried
by
9
the
probate
court
as
a
proceeding
in
equity.
The
bill
provides
10
notice
requirements
for
actions
under
the
trust
code.
These
11
provisions
take
effect
upon
enactment.
12
-4-
LSB
5745SV
(2)
91
lh/jh
4/
4