Current Status Introducing Body:House Bill Number:4241 Primary Sponsor:Altman Committee Number:30 Type of Legislation:GB Subject:Probate Code, revisions Residing Body:House Current Committee:Ways and Means Computer Document Number:CYY/18735.SD Introduced Date:Jan 22, 1992 Last History Body:House Last History Date:Jan 22, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Altman Snow Shirley Felder Rhoad Jennings Wilder Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4241 House Jan 22, 1992 Introduced, read first time, 30
referred to Committee
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TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATE FEES AND COSTS, SO AS TO MAKE TERMINOLOGY CHANGES IN CONFORMANCE WITH THE REVISED PROBATE CODE AND INCREASE CERTAIN FEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-21-770 of the 1976 Code is amended to read:
"Section 8-21-770. Fees and costs are payable at the date of appointment of the fiduciaries upon the filing of an application or petition for appointment or probate, or both. Payment may, in the discretion of the Probate Judge, be deferred for a period no greater than the statutory time for filing a Warrant of Appraisement the Inventory and Appraisement, Form 350PC.
(a) Fees and costs are determined as follows:
(1) To determine the property evaluation valuation for estate administration, the totals of items (2) and (3) of the Warrant of Appraisement shall A, B, C, D-1, and F of the Inventory and Appraisement Form must be used.
(2) To determine the property evaluation valuation for Committee conservatorships, the total amount to be received by the conservator at the time of appointment, as shown on the Petition petition, to be received by the Committee at the time of appointment shall must be used. Thereafter, when the inventory is filed, adjustment of prior charges must be made.
(3) To determine the property evaluation for the Petition for Guardianship, the total amount shown on the Petition to be received by the Guardian at the time of appointment shall be used.
Tentative fees and costs in intestate estate administration are determined by totalling items (2) and (3) of the Petition for Letters of Administration and intestate administration by totalling items (4) and (5) of the Petition to Prove Will. Any adjustment of fees and costs collected at the opening of the estate shall must be effected before or at the time of final settlement.
The Costs costs of notices to creditors or other legal advertisement shall be are in addition to prescribed court costs and are due and payable prior to running publication of any advertisement.
(b) Except as otherwise provided, the following fees and costs shall must be collected by the Probate Courts and deposited in the general fund of the counties:
(1) In the administration of decedent estates, guardianships, and committeeships and conservatorships, costs shall must be computed as follows:
(i) Property valuation
less than $5,000.00 ..... $20.00 25.00
(ii) Property valuation
of $5,000 but less
than $20,000 ............ $40.00 50.00
(iii) Property valuation
of $20,000.00 but
less than $60,000.00 .... $60.00 75.00
(iv) Property valuation
of $60,000 but less
than $100,000........... $90.00 100.00
(v) Property valuation
of $100,000.00 or
higher ...................$90.00 100.00 plus 1/10 1/5 of one percent of the property evaluation valuation above $100,000.00;
provided, that the fees as set out above shall include appointment of administrators, including administrators d. b. n., administrators d. b. n. c. t. a., ancillary administrators and temporary administrators informal probate and informal appointment of personal representatives; such fee shall include includes as necessary the cost of receiving and filing petition application for probate/appointment,issuing citation, filing bond, determining qualification, issuing letters, providing original certificate of administration and copies thereof as required during administration, issuing warrant of appraisement and furnishing, filing Inventory and Appraisement, and sending copies to the Tax Commission or other authority as required by law, receiving and filing accounts and other papers, and final discharge of administrator; the first or final accounting and proposals for distribution, and final discharge of the personal representative. provided, further, that proving a will in common form shall include receiving and filing petition, proof and filing of will, order admitting will to probate, qualification of executors or other fiduciaries, filing bond, issuing letters providing original certificate of appointment, and copies thereof as required during administration, providing certified copy of will to executors or other fiduciaries, issuing warrant of appraisement and furnishing copies to the Tax Commission or other authority as required by law, receiving and filing accounts and other papers, and final discharge of executor;
(2) Proof of Will in Solemn Form, the same fee as would be determined for proof of will in common form, which fee shall include all pertinent items provided for in item (1) of this subsection as set out above; and the further sum of fifteen dollars for the hearing and proceedings on proof; including issuance of the order or decree of adjudication thereof;
(2) Formal petition for probate/appointment requires the same fee as would be determined for informal application for probate/appointment as set forth in subitem (b). This includes all pertinent items as set forth in subitem (b)(1), including issuance of the order or decree of adjudication thereof. If, however, the fee for probate/appointment has been paid in an estate, as provided in subitem (b)(1), the fee charged for formal petitions filed thereafter must be the same as the fee charged for filing civil matters.
(3) Sale in aid of deficient
assets. $15.00 $55.00
or other sale of real estate pursuant to Section 62-3-1301, through 62-3-1312: Petition to approve minor settlements or wrongful death or survival actions; Filing action concerning trusts, inter vivos or testamentary; Filing petition for guardianship, including filing annual reports and the final termination; Filing, indexing, or recording any petition or formal proceeding or any item not otherwise set forth herein;
(4) Dedimus Potestatem, processing ...... $ 7.50
(5) Proceedings pursuant to Section 15-71-1010,
1976 Code of Laws of South Carolina $ 5.00
(6) Marriage record, reformation of or
correction in ...................... $ 3.50
(7) Certified Copies, First page ........ $ 2.00
Each additional page ............... $ .50
(8) Exemplified copies .................. $ 5.00
Each page .......................... $ .25
(9) Annual Returns (other than first and final)
each page .......................... $ .50
(10) Recording authenticated estate record ................................. $15.00
(11) Amendments to recorded documents,
first page ........................ $ 2.00
Each additional page ............. $ 1.00
(12) Certificates of appointments, in excess of
three, each ....................... $ .50
(13) Substitution of fiduciary or to re-open
or issue certificates in discharged
estate ............................ $15.00
(14) Appointment of any temporary fiduciary
................................. $20.00
(15) Filing and indexing Will without
proceedings; or for recording a will and
certificate of probate when will is
probated in another state or
county ............................ $ 3.00
(16) Approval of demands under Section
21-15-720, 1976 Code of Laws of South
Carolina .......................... $10.00
(17) Filing and indexing and/or recording any
item not otherwise herein set forth, per
page .............................. $ .50
(18) Recording certified estate records . $10.00
(19) Certifying appeal record ........... $ 5.00
(20) Proceedings upon writ to admeasure dower
and set off homestead ............. $10.00
(21) For examining or taking the testimony of
a witness de bene esse or for discovery,
$10.00 per witness, plus the actual cost of
reducing the testimony to writing and
preparing transcript thereof for filing,
including the fees of stenographer or court
reporter;
(22) For holding reference as master or special
referee, per day .................. $25.00
(23) For receiving and paying over money
officially, as statutory administrator,
3% if the total is under $500.00, 2% for
$500.00 to $1000.00, 1% for the balance of
over $1000.00.
(4) Facsimiling documents, first page$3.00
Each additional page . . . . . $1.00
(5) Certified copies, first page ........ $5.00
Each additional page ................ $1.00
(6) Exemplified copies, first page ..... $20.00
Each additional page ................ $1.00
(7) Marriage record, reformation of or correction in, issuing a copy of or certified marriage license and certificate ..................................... $5.00
(8) Marriage license application fee ... $12.00
(9) Filing demands for notice ........... $5.00
(10) Accountings (other than first or final) Each page ........................... $2.00
(11) Recording authenticated or certified estate record ............................. $25.00
(12) Filing supplemental documents,
First page .......................... $5.00
Each additional page ................ $1.00
(13) Certificates of appointment, in excess
of three, each ...................... $1.00
(14) Substitution of fiduciary or to re-open
closed estates ..................... $25.00
(15) Appointment of any special or temporary
fiduciary .......................... $25.00
(16) Filing and indexing will filed only
under Section 62-2-901 .............. $5.00
(17) Certifying appeal record ........... $15.00
(18) For each day or portion of a day of
hearing or proceeding after the first day
.....................................$25.00
(19) Will probated only ................. $25.00
(20) Probate judge acting as public
administrator in estates less than five
hundred dollars under Section 62-3-1202A,
and affidavits for collection of personal
property ........................... $15.00
(Probate judge acting as public administrator in estates five hundred dollars and over . . . fees are assessed as in (b)(1)(i) and (ii) above).
(21) Filing affidavit for collection of personal
property under Section 62-3-1201
......................................$15.00
(c) The fees and costs received under this section by probate judges must be accounted for and paid into the general fund of the county as provided by the governing body of the county."
SECTION 2. This act takes effect upon approval by the Governor.