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S. 1272
STATUS INFORMATION
General Bill
Sponsors: Senator Mulvaney
Document Path: l:\council\bills\ms\7709ahb10.docx
Introduced in the Senate on March 11, 2010
Currently residing in the Senate Committee on Judiciary
Summary: Probate court fees
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/11/2010 Senate Introduced and read first time SJ-3
3/11/2010 Senate Referred to Committee on Judiciary SJ-3
3/23/2010 Senate Referred to Subcommittee: Malloy (ch), Ford, Massey,
S.Martin, Mulvaney
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 8-21-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATE COURT FEES AND COSTS, SO AS TO PROVIDE THAT A FILING FEE MAY NOT BE CHARGED IN EMERGENCY ADMISSION PROCEDURES AND PETITIONS FOR JUDICIAL ADMISSION OF A PERSON FOR CARE AND TREATMENT FOR MENTAL ILLNESS, CHEMICAL DEPENDENCY, OR MENTAL RETARDATION.
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 15 of 1995, 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, may 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 must be based upon the gross value of the decedent's probate estate or the protected person's estate 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 item (5) above plus one-fourth of one percent of the property valuation above $600,000.00.
For purposes of this subsection, 'decedent's probate estate' means the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy and 'protected person's estate' means the protected person's property that vests in a conservator as trustee pursuant to Section 62-5-420.
(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 62-2-90 $10.00
(10) Certifying appeal record $10.00
(11) Filing the initial petition in any an action or proceeding other than subsections (B) above and (E), same fee as charged for filing civil actions in circuit court.
(12) Filing affidavit for collection of personal property under pursuant to Section 62-3-1201, the fee pursuant to item subsection (B) above based upon property valuation shown, provided that where when the property valuation is less than $100.00, the fee shall must 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.
(E) In emergency admission proceedings and petitions for judicial admission pursuant to Chapters 17, 20, 24, or 52 of Title 44, a fee may not be collected by the probate court."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, October 10, 2011 at 12:18 P.M.