HF 232 — A bill for an act relating to probate proceedings, including fiduciary and trustee duties, and including applicability provisions.

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N 'l tIl 1!R11 1 !l il ! 1ü1Il 1f171"11W1 I1 :!!I l l1 1!l tl tl 'l' House File 232 AN ACT RELATING TO PROBATE PROCEEDINGS, INCLUDING FIDUCIARY AND TRUSTEE DUTIES, AND INCLUDING APPLICABILITY PROVISIONS.

Section 11. .

Section 633.78, subsection 11, , Code 2023, is amended to read as follows:

A fiduciary under this chapter may present a written request to any person for the purpose of obtaining property owned by a decedent or by a ward protected person of a conservatorship for which the fiduciary has been appointed, or property to which a decedent or ward protected person is entitled, including information about property owned by a decedent or protected person that has passed or will pass by beneficiary designation or joint tenancy ownership, or for information about such property needed to perform the fiduciary'sfiduciary’s duties.

The fiduciary'sfiduciary’s authority has not been revoked, modified, or amended in any manner which would cause the representations in the request to be incorrect.

House File 232, pp. .

A photocopy of the fiduciary'sfiduciary’s letters of appointment is being provided with the request.

Section 633.78, subsection 44, , paragraph a, Code 2023, is amended to read as follows:

Damages sustained by the decedent'sdecedent’s or word'nward’s protected person'sperson’s estate.

An action to contest or set aside the probate of a will must be commenced in the court in which the will was admitted to probate within the later to occur of four months from the date of second publication of notice of admission of the will to probate or one month following the mailing of the notice to all heirs of the decedent and devisees under the will whose identities are reasonably ascertainable, at such persons'persons’ last known addresses.

A party claiming the decedent'sdecedent’s will was procured in whole or in part by tortious interference with inheritance must join such claim together in a timely will contest.

The time period set out in this section applies to both the will contest and procurement of the decedent'sdecedent’s will by tortious interference with inheritance if the party making the claim was given notice pursuant to section 633.304.

If a conservator has not been appointed for a minor, House File 232, pp. .

3 money due to a minor or other property to which a minor is entitled, not exceeding in the aggregate twcntytwenty-five fivc fifty thousand dollars in value, shall be paid or delivered to a eustediancustodian under any ormuniform tran3fcrstransfers to minors Act.

Section 633.561, subsections 3 and 66, , Code 2023, are amended to read as follows:

4 the person'sperson’s income and resources do not exceed one hundred fifty percent of the federal poverty level or the person would be unable to pay such costs without prejudicing the person'sperson’s financial ability to provide economic necessities for the person or the person'sperson’s dependents.

If the court determines that it would be in the respondent'srespondent’s best interest to have legal representation with respect to any proceedings in a guardianship or conservatorship, the court may appoint an attorney to represent the respondent at the expense of the respondent or the respondent'srespondent’s estate, or if the respondent is indigent the cost of the court appointed attorney, including the cost of the trial transcript, shall be assessed against the county in which the proceedings are pending.

A trustee under this chapter may present a written request to any person for the purpose of obtaining information needed to perform the trustee'strustee’s duties or information regarding any of the following property:

A person to whom a request is presented under this section may require that the trustee presenting the request provide proof of the trustee'strustee’s identity.

5 verify the trusteestrustee’s authority shall not exceed ten business days from the date the person received the request.

Damages sustained by the trust or by a living or deceased settlor"ssettlor’s estate.

Section 633B.211, subsection 22, , Code 2023, is amended by adding the following new paragraphs:

NEW PARAGRAPH.PARAGRAPH .

NEW PARAGRAPH.PARAGRAPH .

______________________________ ______________________________ PAT GRASSLEY AMY SINCLAIR Speaker of théthe 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.

M______________________________ G•ANMEGHAN NELSON Chief Clerk of the House W Approved ,_______________, 2023 ______________________________ KIM REYNOLDS Governor