Current Status Bill Number:281 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Martin All Sponsors:Martin, McConnell, Giese, Rose Drafted Document Number:RES9528.LAM Companion Bill Number:356 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Probate courts, fees and costs
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941114 Prefiled, referred to Committee 11 SJ
View additional legislative information at the LPITS web site.
TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION AND COLLECTION OF FEES AND COSTS IN PROBATE COURT, SO AS TO PROVIDE FOR A REDUCTION IN SUCH FEES AND COSTS; AND TO PROVIDE FOR A RETROACTIVE REBATE TO TAX PAYERS OF THE DIFFERENCE BETWEEN THE CURRENT FEES PAID THROUGH AUGUST 15, 1994, AND THE REDUCED FEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-21-770 of the 1976 Code, as last amended by Act 470 of 1994, is further amended to read:
"Section 8-21-770. (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 $5,000.00$ 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.
(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$ 6.75
(4) Filing demands for notice. $ 5.00
(5) Filing conservatorship accountings$ 10.00
(6) Recording authenticated or certified record$ 20.00
(7) Reopening closed estates . $ 22.50
(8) Appointment of special or temporary fiduciary$ 22.50
(9) Filing and indexing will under Section 62-2-901$ 10.00
(10) Certifying appeal record . $ 10.00
(11) Filing the initial petition in any action or proceeding other than (B) above, same fee as charged for filing civil actions in circuit court
(12) Filing affidavit for collection of personal property under Section
62-3-1201, 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 provided.
(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.
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 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 Department of Revenue and Taxation 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 Department of Revenue and Taxation 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$20.00
(15) Filing and indexing Will without proceed-
ings; or for recording a will and certificate
of probate when will is probated in another
state or county. . . . . . . .$ 3.00
(16) Approval of demands under Sec. 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."
SECTION 2. This act takes effect upon approval by the Governor but shall apply retroactively to August 15, 1994. Any individual who remitted fees pursuant to Section 3 of Act 470 of 1994 may petition the court to obtain a refund of the difference between that which is due pursuant to this act and that which was due pursuant to Section 3 of Act 470 of 1994.