H 3460 General Bill, By J.S. Shissias, Cotty, Kirsh, Richardson and P.H. Thomas

Similar(S 281, S 356)
 A Bill to amend Section 8-21-770, as amended, Code of Laws of South Carolina,
 1976, relating to the determination and collection of fees and costs in estate
 and conservatorship proceedings in the Probate Court, so as to revise the
 manner in which these fees shall be determined thereby reducing these fees, to
 provide that the above provisions are retroactive to August 15, 1994, and to
 provide for a refund of the difference between the fees paid at the higher
 level from August 15, 1994, to the effective date of this Act and the fees
 that are to be paid pursuant to the above provisions.

   02/02/95  House  Introduced and read first time HJ-4
   02/02/95  House  Referred to Committee on Judiciary HJ-4
   03/21/95  House  Tabled in committee Judiciary

A BILL

TO AMEND SECTION 8-21-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION AND COLLECTION OF FEES AND COSTS IN ESTATE AND CONSERVATORSHIP PROCEEDINGS IN THE PROBATE COURT, SO TO REVISE THE MANNER IN WHICH THESE FEES SHALL BE DETERMINED THEREBY REDUCING THESE FEES, TO PROVIDE THAT THE ABOVE PROVISIONS ARE RETROACTIVE TO AUGUST 15, 1994, AND TO PROVIDE FOR A REFUND OF THE DIFFERENCE BETWEEN THE FEES PAID AT THE HIGHER LEVEL FROM AUGUST 15, 1994, TO THE EFFECTIVE DATE OF THIS ACT AND THE FEES THAT ARE TO BE PAID PURSUANT TO THE ABOVE PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 8-21-770(B) of the 1976 Code, as last amended by Act 470 of 1994, is further amended to read:

"(B) In estate and conservatorship proceedings, the fee shall be based upon the gross value Schedules A, B, C, D (Part 1), and F as shown on the inventory and appraisement as follows:

(1) Property valuation less than $5,000.00$ 25.00

(2) Property valuation of $5,000.00

but less than $20,000.00 $ 45.00

(3) Property valuation of $20,000.00

but less than $60,000.00 $ 67.50

(4) Property valuation of $60,000.00

but less than $100,000.00 $ 95.00

(5) Property valuation of $100,000.00

but less than $600,000.00 $ 95.00

plus .15 percent of the property valuation between $100,000.00 and $600,000.00

(6) Property valuation of $600,000.00 or higher amount set forth in (5) above plus 1/4 of one percent of the property valuation above $600,000.00."

SECTION 2. This act takes effect upon approval by the Governor, but shall apply retroactively to August 15, 1994. Any person who remitted fees to the Probate Court pursuant to Section 8-21-770(B) of the 1976 Code, as amended by Act 470 of 1994, may petition the court to obtain a refund of the difference between that which is due pursuant to Section 8-21-770(B) of the 1976 Code, as amended by this act, and that which was due pursuant to Section 8-21-770(B) of the 1976 Code, as amended by Act 470 of 1994. The court, upon such a petition being filed and upon finding it in order, shall cause the proper refund to be paid within thirty days.

SECTION 3. This act takes effect upon approval by the Governor.