Iowa Code 635.8 – Closing by sworn statement
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Terms Used In Iowa Code 635.8
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Probate: Proving a will
- property: includes personal and real property. See Iowa Code 4.1
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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
635.8 Closing by sworn statement.
1. The personal representative shall file with the court a closing statement and proof of
service thereof to all interested parties within a reasonable time after the expiration of all times following all notices required in chapter 633. The closing statement shall be verified or affirmed under penalty of perjury and shall include all of the following statements and information:
a. To the best knowledge of the personal representative, the gross value of the probate assets subject to the jurisdiction of this state does not exceed the amount permitted under § 635.1.
b. The estate has been fully administered and will be distributed to persons entitled thereto if no objection is filed to the closing statement and the accounting and proposed distribution within thirty days after service thereof.
c. An accounting and proposed distribution explaining how and to whom the probate assets will be distributed including an accurate description of all the real estate of which the decedent died seized, stating the nature and extent of the interest in the real estate and its disposition.
d. Notice to all interested parties that the parties have thirty days from the date of service of the closing statement in which to request a hearing by filing an objection with the court.
e. A statement that all statutory requirements pertaining to taxes have been complied with, including whether federal estate tax due has been paid, whether a lien continues to exist for any federal estate tax, and whether inheritance tax was paid or a tax return was filed in this state.
f. A statement that all statutory requirements pertaining to claims have been complied with and a statement describing the resolution of all claims, including charges, and whether a lien continues to exist on any property as security for any claim.
g. The amount of fees to be paid to the personal representative and the personal representative’s attorney with the appropriate documentation showing compliance with subsection 4.
2. If no actions or proceedings involving the estate are pending in the court thirty days after service of the closing statement to all interested parties as provided in § 633.40, the estate shall be distributed according to the closing statement.
3. The clerk shall close the estate without order of the court and the personal representative shall be discharged upon the earlier of either of the following:
a. Filing an affidavit of mailing or other proof of service of the closing statement and filing proof of asset distribution, including receipts and other evidence of disbursement.
b. Sixty days after the filing of the closing statement and an affidavit of mailing or other proof of service thereof.
4. The fees for the personal representative shall not exceed three percent of the gross value of the probate assets of the estate, unless the personal representative itemizes the personal representative’s services to the estate. The personal representative’s attorney shall be paid reasonable fees as approved by the court or as agreed to in writing by the personal representative and such writing shall be executed by the time of filing the report and inventory. All interested parties shall have the opportunity to object and request a hearing as to all fees reported in the closing statement.
5. If a closing statement is not filed within twelve months of the date of issuance of a letter of appointment, an interlocutory report shall be filed within such time period. Such report shall be provided to all interested parties at least once every six months until the closing statement has been filed unless excused by the court for good cause shown. The provisions of § 633.473 requiring final settlement within three years shall apply to an estate probated
1. The personal representative shall file with the court a closing statement and proof of
service thereof to all interested parties within a reasonable time after the expiration of all times following all notices required in chapter 633. The closing statement shall be verified or affirmed under penalty of perjury and shall include all of the following statements and information:
a. To the best knowledge of the personal representative, the gross value of the probate assets subject to the jurisdiction of this state does not exceed the amount permitted under § 635.1.
b. The estate has been fully administered and will be distributed to persons entitled thereto if no objection is filed to the closing statement and the accounting and proposed distribution within thirty days after service thereof.
c. An accounting and proposed distribution explaining how and to whom the probate assets will be distributed including an accurate description of all the real estate of which the decedent died seized, stating the nature and extent of the interest in the real estate and its disposition.
d. Notice to all interested parties that the parties have thirty days from the date of service of the closing statement in which to request a hearing by filing an objection with the court.
e. A statement that all statutory requirements pertaining to taxes have been complied with, including whether federal estate tax due has been paid, whether a lien continues to exist for any federal estate tax, and whether inheritance tax was paid or a tax return was filed in this state.
f. A statement that all statutory requirements pertaining to claims have been complied with and a statement describing the resolution of all claims, including charges, and whether a lien continues to exist on any property as security for any claim.
g. The amount of fees to be paid to the personal representative and the personal representative’s attorney with the appropriate documentation showing compliance with subsection 4.
2. If no actions or proceedings involving the estate are pending in the court thirty days after service of the closing statement to all interested parties as provided in § 633.40, the estate shall be distributed according to the closing statement.
3. The clerk shall close the estate without order of the court and the personal representative shall be discharged upon the earlier of either of the following:
a. Filing an affidavit of mailing or other proof of service of the closing statement and filing proof of asset distribution, including receipts and other evidence of disbursement.
b. Sixty days after the filing of the closing statement and an affidavit of mailing or other proof of service thereof.
4. The fees for the personal representative shall not exceed three percent of the gross value of the probate assets of the estate, unless the personal representative itemizes the personal representative’s services to the estate. The personal representative’s attorney shall be paid reasonable fees as approved by the court or as agreed to in writing by the personal representative and such writing shall be executed by the time of filing the report and inventory. All interested parties shall have the opportunity to object and request a hearing as to all fees reported in the closing statement.
5. If a closing statement is not filed within twelve months of the date of issuance of a letter of appointment, an interlocutory report shall be filed within such time period. Such report shall be provided to all interested parties at least once every six months until the closing statement has been filed unless excused by the court for good cause shown. The provisions of § 633.473 requiring final settlement within three years shall apply to an estate probated
§635.8, ADMINISTRATION OF SMALL ESTATES 2
pursuant to this chapter. A closing statement filed under this section has the same effect as final settlement of the estate under chapter 633.
[C75, 77, 79, 81, §635.8; 81 Acts, ch 199, §9]
89 Acts, ch 25, §4; 2007 Acts, ch 134, §24, 28; 2008 Acts, ch 1119, §36; 2009 Acts, ch 52, §11,
14; 2012 Acts, ch 1123, §31; 2018 Acts, ch 1140, §5, 6, 8
2018 amendment applies July 1, 2018, to estates of decedents dying on or after July 1, 2018, and other estates opened previously and for
which administration has not been completed as of July 1, 2018; 2018 Acts, ch 1140, §8