Current Status Introducing Body:
SenateBill Number: 497Primary Sponsor: BryanType of Legislation: GBSubject: Probate court fees and costsResiding Body: HouseComputer Document Number: CYY/15236SD.93Introduced Date: 19930303Date of Last Amendment: 19930407Last History Body: HouseLast History Date: 19940601Last History Type: Objection by RepresentativeScope of Legislation: StatewideAll Sponsors: BryanType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 497 House 19940601 Objection by Representative Meacham A. Young Moody-Lawrence 497 House 19940526 Debate adjourned until Tuesday, 19940531 497 House 19940518 Objection withdrawn by D. Smith Representative Lanford Beatty Wells 497 House 19940510 Objection withdrawn by Harrelson Representative 497 House 19940510 Objection by Representative Beatty Simrill D. Smith Wells Lanford 497 House 19940510 Objection withdrawn by Delleney Representative 497 House 19940510 Objection withdrawn by Tucker Representative 497 House 19940421 Objection withdrawn by Hodges Representative 497 House 19940203 Objection withdrawn by Farr Representative 497 House 19940119 Objection by Representative Hodges Kirsh Harrelson Delleney Farr Tucker 497 House 19940118 Debate adjourned until Wednesday, January 19, 1994 497 House 19930602 Debate adjourned until January 15, 1994 497 House 19930601 Debate adjourned 497 House 19930527 Debate adjourned until Monday, 19930531 497 House 19930520 Recalled from Committee 30 497 House 19930520 Introduced, read first time, 30 referred to Committee 497 Senate 19930519 Read third time, sent to House 497 Senate 19930518 Read second time, notice of general amendments 497 Senate 19930517 Polled out of Committee: 11 Favorable 497 Senate 19930407 Amended 497 Senate 19930303 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
May 20, 1993
S. Printed 5/25/93--H.
Read the first time May 20, 1993.
TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.
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. 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.
(a) Fees and costs are determined as follows:
(1) To determine the property evaluation for estate administration, the totals of items (2) and (3) of the Warrant of Appraisement shall be used.
(2) To determine the property evaluation for Committee, the total amount shown on Petition to be received by the Committee at the time of appointment shall be used. (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 shall be effected at the time of final settlement.
Costs of legal advertisement shall be in addition to prescribed court costs and are due and payable prior to running of advertisement.
(b) Except as otherwise provided, the following fees and costs shall 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, costs shall be computed as follows:
(i) Property valuation less than $5,000.00 $20.00
(ii) Property valuation of $5,000 but less than $20,000 $40.00
(iii) Property valuation of $20,000.00 but less than $60,000.00 $60.00
(iv) Property valuation of $60,000 but less than $100,000 $90.00
(v) Property valuation of $100,000.00 or higher $90.00, plus 1/10 of one percent of the property evaluation 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; such fee shall include as necessary the cost of receiving and filing petition, 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 copies to the Tax Commission or other authority as required by law, receiving and filing accounts and other papers, and final discharge of administrator; 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;
(3) Sale in aid of deficient assets $15.00
(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.
(A) Fees and costs are payable upon the filing of an application or petition. Payment may, in the discretion of the probate judge, be deferred for a period no greater than the time provided by law for filing the inventory and appraisement. Any adjustment of fees and costs collected at the opening of the estate must be effected before or at the time of final settlement.
(B) In estate and conservatorship proceedings, the fee shall be based upon the gross value as shown on the inventory and appraisement as follows:
(1) Property valuation less
than $5,000.00 $ 30.00
(2) Property valuation of
$5,000.00 but less than
$20,000.00 $ 50.00
(3) Property valuation of
$20,000.00 but less than
$60,000.00 $ 75.00
(4) Property valuation of
$60,000.00 but less than
(5) Property valuation of
$100,000.00 but less than
plus 1/5 of one 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 1/2 of one percent of
the property valuation above
(C) Other fees of the Probate Court are as follows:
(1) Issuing certified copy $ 5.00
(2) Issuing exemplified/authenticated
copy $ 20.00
(3) Reforming or correcting marriage
record $ 10.00
(4) Marriage license application
fee $ 12.00
(5) Filing demands for notice $ 5.00
(6) Filing conservatorship
accountings $ 10.00
(7) Recording authenticated or
certified record $ 25.00
(8) Reopening closed estates $ 25.00
(9) Appointment of special or
temporary fiduciary $ 25.00
(10) Filing and indexing will under
Section 62-2-901 $ 10.00
(11) Certifying appeal record $ 15.00
(12) Filing the initial petition in
any action or proceeding other
than (B) above, same fee as
charged for filing civil actions
in circuit court
(13) Filing affidavit for collection of
personal property under Section
62-3-1202A, the fee pursuant to item (B)
above based upon property valuation
shown, provided that where the property
valuation is less than $100.00, the fee
shall be one-half the amount otherwise
(D) The costs of the notice to creditors or other legal advertisement are in addition to prescribed court costs and are due and payable prior to publication of advertisement."
SECTION 2. Section 8-21-790 of the 1976 Code is amended to read:
"Section 8-21-790. The office of the Probate Court shall must also be paid fees according to the following schedule for each estate settled:
On the first $100.00 of tax collected 5%
Above $100.00 and up to $1,000.00 2%
Above $1,000.00 and up to $10,000.00 1 1/2%
Above $10,000.00 and up to $50,000.00 1%
Above $50,000.00 and up to
$100,000.00 3/4 of 1%
Above $100,000.00 and up to
$300,000.00 1/2 of 1%
Above $300,000.00 1/4 of 1%
But when the total fees received by the Office of the Probate Court of any county, under this schedule, shall in any one year exceed $10,000, the South Carolina Tax Commission shall retain three-fourths of the excess above $10,000 and shall turn such excess into the general funds of the state treasury, and if If the Probate Judge shall fail or neglect to perform any duty required under Chapter 15 of Title 12, the South Carolina Tax Commission may withhold any or all of the fees provided for in the foregoing schedule and upon such the order the Tax Commission shall turn such fees into the general fund of the State Treasury. All fees allowed under this schedule shall must be paid out of the taxes collected by the Tax Commission immediately upon receipt thereof and the receipt of the County Treasurer shall be is sufficient voucher to the commission for paying same."
SECTION 3. Section 20-1-230 of the 1976 Code is amended to read:
"Section 20-1-230. Upon (a) the filing of the application required under the provisions of Section 20-1-220, (b) the lapse of at least twenty-four hours thereafter, (c) the payment of a the fee of one dollar provided by law, and (d) the filing of a statement, under oath or affirmation, to the effect that the persons seeking the contract of matrimony are legally entitled to marry, together with the full names of the persons, their ages and places of residence, the judge of probate or clerk of court with whom the application was filed shall issue a license for the marriage of such persons."
SECTION 4. Sections 8-21-780 and 15-37-70 of the 1976 Code are repealed.
SECTION 5. This act takes effect thirty days after approval by the Governor.