Iowa Code 633.31 – Calendar — court costs in probate
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1. The clerk shall keep a court calendar, and enter thereon such matters as the court may prescribe.
Terms Used In Iowa Code 633.31
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Clerk: means "clerk of the district court" in the county in which the matter is pending and includes the term "clerk of the probate court". See Iowa Code 633.3
- Court: means , when referring to a court of this state, the district court sitting in probate with jurisdiction of conservatorships and guardianships. See Iowa Code 633.701
- Decedent: A deceased person.
- Estate: means the real and personal property of either a decedent or a ward, and may also refer to the real and personal property of a trust described in section 633. See Iowa Code 633.3
- 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
- Probate: Proving a will
- Probate assets: means a decedent's property subject to administration by a personal representative. See Iowa Code 633.3
- Property: includes both real and personal property. See Iowa Code 633.3
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Iowa Code 633.701
- 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: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Iowa Code 633.701
- 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.
2. The clerk shall charge and collect the following court costs in connection with probate matters:
b. For services performed in probate ofwill without administration $ 15.00
c. For filing and indexing a transcript $ 50.00
d. For taking and approving a bond, orthe 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 wherereal estate is sold per 100 words $ .20
h. For making a transcript or copies of orders orrecords 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.