When a wrongful act causes death, a probate court divides recovered damages between the estate and people who lost services or support, with costs and certain payments covered first.
Claims over assets or beneficiary transfers obtained through certain wrongful conduct must be brought within two years of the person's death.
In a disputed estate case, the court may order one party or the estate to pay costs, legal fees, and other expenses when fairness calls for it.
A probate court divides wrongful-death damages between the estate and people who lost services or support. The estate's share must first cover certain costs and medical-assistance payments.
Trust cases heard in probate follow different court procedures depending on the kind of case. The court may review orders made without notice until it ends its authority over the case.
A claim over certain transfers outside a will must be brought within two years of the person's death. This covers claims based on a deceased person's assets, beneficiary designations, or other transfers outside a will obtained through interference with inheritance, undue influence, fraud, or other wrongful conduct. This provision applies to actions involving people who die on or after July 1, 2026.
A probate court may order costs, attorney fees, and other expenses paid by another party or from the estate. This applies in a disputed court case about administering a deceased person's estate. The court may make an award as equity and justice require. The covered attorney fees do not include a separate fee described in section 633.198. This provision applies to actions involving people who die on or after July 1, 2026.
A probate court divides wrongful-death damages between the estate and people who lost services or support. This applies when a wrongful act causes a person's death and damages are recovered because of that act. The estate's share must cover court costs, reasonable estate administration fees, and medical-assistance payments made for the deceased person from the injury through death. The court then decides whether related estate debts should be paid from what remains. The rest goes under the person's will or inheritance law, while the court divides damages for lost services or support fairly based on each person's losses.
Probate courts handle trust cases as law actions or equity proceedings, depending on the kind of case. This covers actions to challenge trusts or disputed claims, along with other matters heard under the trust code. Orders are final for people who received notice or appeared. The court may review orders made without notice or appearance until it closes or ends its authority over the case. For actions under section 633A.6202, notice and hearings follow section 633A.1109, except for notice required under the civil procedure rules. These trust-case rules take effect upon enactment.
No hearings or votes scheduled.