Iowa Code 633.31 – Calendar — court costs in probate
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Terms Used In Iowa Code 633.31
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Decedent: A deceased person.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- Probate: Proving a will
- property: includes personal and real property. See Iowa Code 4.1
- Rule: includes "regulation". See Iowa Code 4.1
- seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
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 § 602.8108.
[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 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
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 § 602.8108.
[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 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