By: Harris S.B. No. 122
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the collection of certain fees related to the probate
1-2 of a will.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 118.052, Local Government Code, as
1-5 amended by Chapters 554 and 675, Acts of the 73rd Legislature,
1-6 1993, is amended to read as follows:
1-7 Sec. 118.052. Fee Schedule. (a) Each clerk of a county
1-8 court shall collect the following fees for services rendered to any
1-9 person:
1-10 (1) CIVIL COURT ACTIONS
1-11 (A) Filing of Original Action (Sec. 118.053):
1-12 (i) Garnishment after judgment .... $15.00
1-13 (ii) All others ................... $40.00
1-14 (B) Filing of Action Other than Original (Sec.
1-15 118.054) ................................................... $30.00
1-16 (C) Services Rendered After Judgment in Original
1-17 Action (Sec. 118.0545):
1-18 (i) Abstract of judgment ........... $5.00
1-19 (ii) Execution, order of sale, writ, or
1-20 other process ............................................... $5.00
1-21 (2) PROBATE COURT ACTIONS
1-22 (A) Probate Original Action (Sec. 118.055):
1-23 (i) Probate of a will with independent
1-24 executor, administration with will attached, administration of an
2-1 estate, guardianship or receivership of an estate, or muniment of
2-2 title ...................................................... $35.00
2-3 (ii) Community survivors .......... $20.00
2-4 (iii) Small estates ............... $10.00
2-5 (iv) Affidavits of heirship ....... $10.00
2-6 (v) Mental health or chemical dependency
2-7 services ................................................... $40.00
2-8 (vi) Additional, special fee (Sec.
2-9 118.064) .................................................... $3.00
2-10 (B) Services in Pending Probate Action (Sec.
2-11 118.056):
2-12 (i) Filing and recording a document:
2-13 for the first page .......................................... $3.00
2-14 for each additional page or part of a page .................. $2.00
2-15 (ii) Approving and recording bond .. $3.00
2-16 (iii) Administering oath ........... $2.00
2-17 (C) Adverse Probate Action (Sec.
2-18 118.057) ................................................... $35.00
2-19 (D) Claim Against Estate (Sec. 118.058) .. $2.00
2-20 (3) OTHER FEES
2-21 (A) Issuing Document (Sec. 118.059):
2-22 original document and one copy .............................. $4.00
2-23 each additional set of an original and one copy ............. $4.00
2-24 (B) Certified Papers (Sec. 118.060):
2-25 for the clerk's certificate ................................. $1.00
2-26 plus a fee per page or part of a page of .................... $1.00
2-27 (C) Noncertified Papers (Sec. 118.0605):
3-1 for each page or part of a page ............................. $1.00
3-2 (D) Letters Testamentary, Letter of
3-3 Guardianship, Letter of Administration, or Abstract of Judgment
3-4 (Sec. 118.061) .............................................. $2.00
3-5 (E) Safekeeping of Wills (Sec. 118.062) .. $5.00
3-6 (F) Mail Service of Process (Sec. 118.063)
3-7 ................................................... same as sheriff
3-8 (G) <(F)> Records Management and Preservation
3-9 Fee ......................................................... $5.00
3-10 (b) If at the time a person pays a fee under Subsection
3-11 (a)(2)(A) the person requests a related service described by
3-12 Subsection (a)(3) to be performed on a future date, the clerk may
3-13 collect the fee for the related service at the time the fee under
3-14 Subsection (a)(2)(A) is collected.
3-15 SECTION 2. Section 118.101, Local Government Code, is
3-16 amended to read as follows:
3-17 Sec. 118.101. Fee Schedule. (a) The county judge shall
3-18 collect the following fees in probate matters:
3-19 (1) Probate of a will .......................... $2.00
3-20 (2) Granting letters testamentary, letter of
3-21 guardianship, or letter of administration ................... $2.00
3-22 (3) Order of sale .............................. $2.00
3-23 (4) Approval and confirmation of sale .......... $2.00
3-24 (5) Decree refusing order of sale or confirmation of
3-25 sale ........................................................ $2.00
3-26 (6) Decree of partition and distribution ....... $2.00
3-27 (7) Decree approving or setting aside the report of a
4-1 commissioner of partition and distribution .................. $2.00
4-2 (8) Decree removing an executor, administrator or
4-3 guardian (with the fee to be paid by that executor, administrator,
4-4 or guardian) ................................................ $1.00
4-5 (9) Fiat or certificate ........................ $2.00
4-6 (10) Continuance ............................... $0.10
4-7 (11) Orders for which another fee is not
4-8 prescribed .................................................. $2.00
4-9 (12) Administering oath or affirmation with
4-10 certificate and seal ........................................ $2.00
4-11 (13) Administering oath or affirmation without
4-12 certificate and seal ........................................ $0.25
4-13 (b) If at the time a person pays a fee for the probate of a
4-14 will under Subsection (a)(1) or Section 118.052 the person requests
4-15 a related service described by Subsection (a) to be performed on a
4-16 future date by the county judge, the county judge may collect the
4-17 fee for the related service at the time the fee under Subsection
4-18 (a)(1) or Section 118.052 is collected.
4-19 SECTION 3. The importance of this legislation and the
4-20 crowded condition of the calendars in both houses create an
4-21 emergency and an imperative public necessity that the
4-22 constitutional rule requiring bills to be read on three several
4-23 days in each house be suspended, and this rule is hereby suspended,
4-24 and that this Act take effect and be in force from and after its
4-25 passage, and it is so enacted.
4-26 COMMITTEE AMENDMENT NO. 1
4-27 Amend S.B. 122 by striking Section 1 of the bill and
5-1 substituting the following:
5-2 SECTION 1. Section 118.052, Local Government Code, as
5-3 amended by Chapters 554 and 675, Acts of the 73rd Legislature,
5-4 1993, is amended to read as follows:
5-5 Sec. 118.052. FEE SCHEDULE. (a) Each clerk of a county
5-6 court shall collect the following fees for services rendered to any
5-7 person:
5-8 (1) CIVIL COURT ACTIONS
5-9 (A) Filing of Original Action (Sec. 118.053):
5-10 (i) Garnishment after judgment $15.00
5-11 (ii) All others $40.00
5-12 (B) Filing of Action Other than Original
5-13 (Sec. 118.054) $30.00
5-14 (C) Services Rendered After Judgment in Original
5-15 Action (Sec. 118.0545):
5-16 (i) Abstract of judgment $5.00
5-17 (ii) Execution, order of sale, writ, or
5-18 other process $5.00
5-19 (2) PROBATE COURT ACTIONS
5-20 (A) Probate Original Action (Sec. 118.055):
5-21 (i) Probate of a will with independent
5-22 executor, administration with will attached, administration of an
5-23 estate, guardianship or receivership of an estate, or muniment of
5-24 title $35.00
5-25 (ii) Community survivors $20.00
5-26 (iii) Small estates $10.00
5-27 (iv) Affidavits of heirship $10.00
6-1 (v) Mental health or chemical dependency
6-2 services $40.00
6-3 (vi) Additional, special fee
6-4 (Sec. 118.064) $3.00
6-5 (B) Services in Pending Probate Action
6-6 (Sec. 118.056):
6-7 (i) Filing and recording a document: for
6-8 the first page $3.00 for each additional page or part of a page
6-9 $2.00
6-10 (ii) Approving and recording bond $3.00
6-11 (iii) Administering oath $2.00
6-12 (C) Adverse Probate Action (Sec. 118.057) $35.00
6-13 (D) Claim Against Estate (Sec. 118.058) $2.00
6-14 (3) OTHER FEES
6-15 (A) Issuing Document (Sec. 118.059): original
6-16 document and one copy $4.00 each additional set of an original and
6-17 one copy $4.00
6-18 (B) Certified Papers (Sec. 118.060): for the
6-19 clerk's certificate $1.00 plus a fee per page or part of a page of
6-20 $1.00
6-21 (C) Noncertified Papers (Sec. 118.0605): for
6-22 each page or part of a page The cost of reproductions or copies
6-23 determined by the General Services Commission under Section 552.261
6-24 or 552.262, Government Code <$1.00>
6-25 (D) Letters Testamentary, Letter of
6-26 Guardianship, Letter of Administration, or Abstract of Judgment
6-27 (Sec. 118.061) $2.00
7-1 (E) Safekeeping of Wills (Sec. 118.062) $5.00
7-2 (F) Mail Service of Process (Sec. 118.063) same
7-3 as sheriff
7-4 (G) <(F)> Records Management and Preservation
7-5 Fee $5.00
7-6 (b) If at the time a person pays a fee under Subsection
7-7 (a)(2)(A) the person requests a related service described by
7-8 Subsection (a)(3) to be performed on a future date, the clerk may
7-9 collect the fee for the related service at the time the fee under
7-10 Subsection (a)(2)(A) is collected.
7-11 Culberson