Iowa Code § 633.31

Current through March 29, 2024

Section 633.31 - Calendar - court costs in probate

1. The clerk shall keep a court calendar, and enter thereon such matters as the court may prescribe.

2. The clerk shall charge and collect the following court costs in connection with probate matters:

a. For services performed in short form probates pursuant to sections 450.22 and 450.44...................................	$ 15.00
b. For services performed in probate of will without administration ......................................................	$ 15.00
c. For filing and indexing a transcript ................................	$ 50.00
d. For taking and approving a bond, or the sureties on a bond ..............................................................	$ 20.00
e. For entering a rule or order ............................................	$ 10.00
f. For certificate and seal ....................................................	$ 10.00
g. For making a complete record where real estate is sold ....... per 100 words ....................................	$ .20
h. For making a transcript or copies of orders or records filed in the clerk's office ... per 100 words ...............	$ .50
i. For certifying change of title ...........................................	$ 20.00
j. For issuing commission to appraisers ............................	$ 2.00

3.

a. For other services performed in a decedent's estate administered under this chapter or chapter 635, the clerk shall charge and collect court costs equal to two-tenths of one percent of the value of the probate assets listed in the report and inventory.

b. Court costs shall not be charged or collected under this subsection on assets which are not probate assets including but not limited to the following:

(1) Joint tenancy property.

(2) Property transferred during the decedent's lifetime.

(3) 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.

(4) Real estate not located in Iowa.

c. 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 from the conservatorship under subsection 4.

4. For other services performed in a conservatorship, the clerk shall charge and collect court costs equal to two-tenths of one percent of the gross value of the assets listed in the inventory minus the value of the life insurance.

5. Court costs collected under this section shall be deposited in the account established under section 602.8108.

Iowa Code § 633.31

83 Acts, ch 186, §10124, 10201; 88 Acts, ch 1258, §3; 89 Acts, ch 207, §2; 94 Acts, ch 1074, §12, 13; 96 Acts, ch 1129, §113; 99 Acts, ch 56, §3; 2004 Acts, ch 1120, § 7; 2007 Acts, ch 180, § 3; 2009 Acts, ch 179, § 64, 72; 2021 Acts, ch 160, §1 - 3 2021 amendment 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; 2021 Acts, ch 160, §3

Amended by 2021 Iowa, ch 160, s 1, eff. 1/1/2022.

C97, §3269; C24, 27, 31, 35, 39, §11844; C46, 50, 54, 58, 62, § 632.13; C66, 71, 73, 75, 77, 79, 81, §633.31 83 Acts, ch 186, §10124, 10201; 88 Acts, ch 1258, §3; 89 Acts, ch 207, §2; 94 Acts, ch 1074, §12, 13; 96 Acts, ch 1129, §113; 99 Acts, ch 56, §3; 2004 Acts, ch 1120, §7; 2007 Acts, ch 180, §3; 2009 Acts, ch 179, §64, 72

2021 amendment 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; 2021 Acts, ch 160, §3