House File 232 - Enrolled
House File 232
AN ACT
RELATING TO PROBATE PROCEEDINGS, INCLUDING FIDUCIARY AND
TRUSTEE DUTIES, AND INCLUDING APPLICABILITY PROVISIONS.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.78, subsection 1, Code 2023, is
2 amended to read as follows:
3 1. A fiduciary under this chapter may present a written
4 request to any person for the purpose of obtaining property
5 owned by a decedent or by a ward protected person of a
6 conservatorship for which the fiduciary has been appointed,
7 or property to which a decedent or ward protected person is
8 entitled, including information about property owned by a
9 decedent or protected person that has passed or will pass
10 by beneficiary designation or joint tenancy ownership, or
11 for information about such property needed to perform the
12 fiduciary’s duties. The request must contain statements
13 confirming all of the following:
14 a. The fiduciary’s authority has not been revoked, modified,
15 or amended in any manner which would cause the representations
16 in the request to be incorrect.
17 b. The request has been signed by all fiduciaries acting on
18 behalf of the decedent or ward protected person.
19 c. The request has been dated and affirmed under penalty of
20 perjury to be true and correct or has been sworn and subscribed
21 to under penalty of perjury before a notary public as provided
22 in chapter 9B.
 House File 232, p. 2
23 d. A photocopy of the fiduciary’s letters of appointment is
24 being provided with the request.
25 Sec. 2. Section 633.78, subsection 4, paragraph a, Code
26 2023, is amended to read as follows:
27 a. Damages sustained by the decedent’s or ward’s protected
28 person’s estate.
29 Sec. 3. Section 633.301, Code 2023, is amended to read as
30 follows:
31 633.301 Copy of will for executor.
32 When Upon request by the executor, when a will has been
33 admitted to probate and certified pursuant to section 633.300,
34 the clerk shall cause a certified copy thereof to be placed
35 in the hands of the executor to whom letters are issued. The
1 clerk shall retain the will in a separate file provided for
2 that purpose until the time for contest has expired, and
3 promptly thereafter shall place it with the files of the
4 estate.
5 Sec. 4. Section 633.309, Code 2023, is amended to read as
6 follows:
7 633.309 Time within which action must be commenced.
8 1. An action to contest or set aside the probate of a will
9 must be commenced in the court in which the will was admitted
10 to probate within the later to occur of four months from the
11 date of second publication of notice of admission of the will
12 to probate or one month following the mailing of the notice to
13 all heirs of the decedent and devisees under the will whose
14 identities are reasonably ascertainable, at such persons’ last
15 known addresses.
16 2. A party claiming the decedent’s will was procured in
17 whole or in part by tortious interference with inheritance must
18 join such claim together in a timely will contest. The time
19 period set out in this section applies to both the will contest
20 and procurement of the decedent’s will by tortious interference
21 with inheritance if the party making the claim was given notice
22 pursuant to section 633.304.
23 Sec. 5. Section 633.555, Code 2023, is amended to read as
24 follows:
25 633.555 Procedure in lieu of conservatorship for a minor.
26 1. If a conservator has not been appointed for a minor,
 House File 232, p. 3
27 money due to a minor or other property to which a minor is
28 entitled, not exceeding in the aggregate twenty-five fifty
29 thousand dollars in value, shall be paid or delivered to a
30 custodian under any uniform transfers to minors Act. one or
31 more of the following:
32 a. A custodian under the uniform transfer to minor account
33 established for the protected person pursuant to chapter 565B
34 or the laws of any other state.
35 b. A custodial trustee under a uniform custodial trust
1 account established for the protected person pursuant to
2 chapter 633F or the laws of any other state.
3 c. An account owner or participant under a college savings
4 plan account established for the protected person pursuant to
5 section 529 of the Internal Revenue Code or chapter 12D.
6 d. The account owner under an ABLE account established for
7 the protected person with disabilities pursuant to section 529A
8 of the Internal Revenue Code or chapter 12I.
9 e. The structured settlement obligor, as defined in section
10 682.2, of a structured settlement, as defined in section 682.2,
11 established for the benefit of the protected person, where the
12 protected person will not begin receiving payments from the
13 structured settlement prior to reaching age eighteen.
14 2. If a conservator has not been appointed for a minor, and
15 the money due to a minor or other property to which a minor is
16 entitled exceeds fifty thousand dollars in the aggregate, the
17 property may be paid or delivered in the manner set forth in
18 subsection 1 only if such transfer is authorized by the court.
19 3. The written receipt of the custodian constitutes an
20 acquittance of the person making the payment of money or
21 delivery of property.
22 Sec. 6. Section 633.561, subsections 3 and 6, Code 2023, are
23 amended to read as follows:
24 3. If the respondent is entitled to representation and is
25 indigent or incapable of requesting counsel, the court shall
26 appoint an attorney to represent the respondent. The cost of
27 court appointed counsel for indigents, including the cost of
28 the trial transcript, shall be assessed against the county
29 in which the proceedings are pending. For the purposes of
30 this subsection, the court shall find a person is indigent if
 House File 232, p. 4
31 the person’s income and resources do not exceed one hundred
32 fifty percent of the federal poverty level or the person would
33 be unable to pay such costs without prejudicing the person’s
34 financial ability to provide economic necessities for the
35 person or the person’s dependents.
1 6. If the court determines that it would be in the
2 respondent’s best interest to have legal representation
3 with respect to any proceedings in a guardianship or
4 conservatorship, the court may appoint an attorney to represent
5 the respondent at the expense of the respondent or the
6 respondent’s estate, or if the respondent is indigent the cost
7 of the court appointed attorney, including the cost of the
8 trial transcript, shall be assessed against the county in which
9 the proceedings are pending.
10 Sec. 7. NEW SECTION. 633A.4403 Trustee-written request and
11 third-party protection.
12 1. A trustee under this chapter may present a written
13 request to any person for the purpose of obtaining information
14 needed to perform the trustee’s duties or information regarding
15 any of the following property:
16 a. Owned by the trust for which the trustee is acting as
17 fiduciary.
18 b. To which a living or deceased settlor is entitled.
19 c. Owned by the deceased settlor at the time of death,
20 including information about property of a deceased settlor that
21 has passed or will pass by beneficiary designation or joint
22 tenancy ownership.
23 2. The written request must include a certification of
24 trust that complies with section 633A.4604. A person to whom a
25 request is presented under this section may require that the
26 trustee presenting the request provide proof of the trustee’s
27 identity.
28 3. A person who in good faith provides the property or
29 information a trustee requests under this section, after taking
30 reasonable steps to verify the identity of the trustee and
31 who has no knowledge that the representations contained in
32 the request are incorrect, shall not be liable to any person
33 for so acting and may assume without inquiry the existence of
34 the facts contained in the request. The period of time to
 House File 232, p. 5
35 verify the trustee’s authority shall not exceed ten business
1 days from the date the person received the request. Any right
2 or title acquired from the trustee in consideration of the
3 provision of property or information under this section is not
4 invalid in consequence of a misapplication by the trustee. A
5 transaction, and a lien created by a transaction, entered into
6 by the trustee and a person acting in reliance upon a request
7 under this section is enforceable against the assets for which
8 the trustee has responsibility.
9 4. If a person refuses to provide the requested property or
10 information within ten business days after receiving a request
11 under this section, the trustee may bring an action to recover
12 the property or information or compel its delivery against
13 the person to whom the trustee presented the written request.
14 An action brought under this section must be brought within
15 one year after the date of the act or failure to act. If the
16 court finds that the person acted unreasonably in failing to
17 deliver the property or information as requested in the written
18 request, the court may award any or all of the following to the
19 trustee:
20 a. Damages sustained by the trust or by a living or deceased
21 settlor’s estate.
22 b. Costs of the action.
23 c. A penalty in an amount determined by the court, but
24 not less than five hundred dollars or more than ten thousand
25 dollars.
26 d. Reasonable attorney fees, as determined by the court,
27 based on the value of the time reasonably expended by the
28 attorney and not by the amount of the recovery on behalf of the
29 trustee.
30 5. This section does not limit or change the right of
31 beneficiaries, heirs, or creditors of a living or deceased
32 settlor to estate or trust property to which they are otherwise
33 entitled.
34 Sec. 8. Section 633B.211, subsection 2, Code 2023, is
35 amended by adding the following new paragraphs:
1 NEW PARAGRAPH. h. Establish a medical assistance special
2 needs trust pursuant to chapter 633C for the benefit of
3 the principal and transfer an interest of the principal in
 House File 232, p. 6
4 real property, stocks and bonds, accounts with financial
5 institutions or securities intermediaries, insurance,
6 annuities, and other property to the trustee of any such trust.
7 NEW PARAGRAPH. i. Establish a medical assistance income
8 trust pursuant to chapter 633C for the benefit of the principal
9 and transfer an income interest of the principal to the trustee
10 of any such trust.
11 Sec. 9. APPLICABILITY. The following apply to estates,
12 trusts, and conservatorships in existence on or after the
13 effective date of this Act, that were opened or created before,
14 on, or after the effective date of this Act:
15 1. The sections of this Act amending section 633.78.
16 2. The section of this Act amending section 633.555.
17 3. The section of this Act enacting section 633A.4403.
______________________________ ______________________________
PAT GRASSLEY AMY SINCLAIR
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 232, Ninetieth General Assembly.
______________________________
MEGHAN NELSON
Chief Clerk of the House
Approved _______________, 2023 ______________________________
KIM REYNOLDS
Governor


Statutes affected:
Introduced: 633.78, 633.301, 633.300, 633.555, 633.561
Enrolled: 633.78, 633.301, 633.300, 633.555, 682.2