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PDF versionWHEREAS, The cost of administrating the probate matters in the various counties has greatly increased in the last few years, and
WHEREAS, It is therefore necessary to set a schedule of charges which more accurately reflect the cost of administrating probate matters,
SECTION 1. That all counties having a population of not less than 350,000 and not more than 600,000, according to the Federal census of 1970, or any subsequent Federal census, shall adopt the following schedule of fees to defray the cost of administering probate matters, and the Clerks of the various courts shall charge and account for as court costs, the following:
| Item | |||
|---|---|---|---|
| (1) | For filing petition, entering order, recording bond, issuing two (2) letters of administration in intestacy cases, and notifying Commissioner of Finance and Taxation | $15.00 | |
| (2) | For filing petition for probate of will and entering order, without issuing letters testamentary or letters of administration c.t.a. | $10.00 | |
| (3) | For filing petition to probate will of three (3) pages or less in length, entering order, issuing two (2) letters testamentary when bond is waived, recording will, and notifying Commissioner of Finance and Taxation | $20.00 | |
| (4) | For filing petition to probate will of more than three (3) pages in length, entering order, issuing two (2) letters testamentary when bond is waived, recording will, and notifying Commissioner of Finance and Taxation | $20.00 | plus $1.00 for each additional page of will in excess of three (3) pages |
| (5) | For filing petition to probate will of three (3) pages or less in length, entering order, issuing two (2) letters testamentary or letters of administration c.t.a., recording bond, and notifying Commissioner of Finance and Taxation | $21.00 | |
| (6) | For filing petition to probate will of more than three (3) pages in length, entering order, issuing two (2) letters testamentary or letters of administration c.t.a., recording bond, and notifying Commissioner of Finance and Taxation | $21.00 | plus a $1.00 for each additional page of will in excess of three (3) pages |
| (7) | For filing petition to probate foreign will of three (3) pages and entering order without issuing letters testamentary of administration c.t.a. | $20.00 | |
| (8) | For filing petition to probate foreign will of three (3) pages or less in length, entering order, issuing two (2) letters testamentarywhen bond is waived, recording will, and notifying Commissioner of Finance and Taxation | $30.00 | |
| (9) | For filing petition to probate foreign will of more than three (3) pages in length, entering order,issuing two (2) letters testamentary when bond is waived, recording will, and notifying Commissioner of Finance and Taxation | $30.00 | Plus $1.00 for each additional page of will in excess of three (3) pages |
| (10) | For filing petition for letters of guardianship or conservatorship, entering an order, and issuing certificate of guardianship or conservatorship, where no process issued | $15.00 | |
| (11) | For filing petition for letters of guardianship or conservatorship, issuing process and cost bond, entering order, and issuing certificate of guardianship or conservatorship. (Sheriff's fee $5.00 additional) | $18.00 | |
| (12) | For filing petition for removal of disabilities of minority and entering order | $9.00 | |
| (13) | For filing petition for removal of disabilities of insanity, filing affidavits and entering order | $10.00 | |
| (14) | For filing petition for allowing year's support to widows and entering all orders and reports | $8.00 | |
| (15) | For filing petition to legitimate persons, entering order, and forwarding certificates to Tennessee Department of Vital Statistics | $10.00 | |
| (16) | For filing petition for change of name, and entering order | $10.00 | |
| (17) | For filing inventory and recording same in Inventory Record Book | $3.00 | Plus $1.00 for each additional page in excess of three (3) pages |
| (18) | For entering each order upon the minutes not otherwise provided for | $2.00 | Plus $1.00 for each additional page in excess of One (1) page |
| (19) | For filing petition for habeas corpus, filing cost bond, issuing process, and entering order (Sheriff's fee $5.00 additional) | $10.00 | |
| (20) | For filing and recording annual settlement of guardians, conservators, administrators and executors, and entering order approving same | $7.50 | Plus $1.00 for each additional page in excess of Three (3) pages |
| (21) | For entering orders increasing bonds of guardians conservators, executors and administrators | $5.00 | Plus $1.00 for each additional page in excess of three (3) pages |
| (22) | For entering orders increasing bonds of guardians, conservators, executors and administrators | $5.00 | |
| (23) | For issuing each additional copy of letters of administration, testamentary, guardianship and conservatorships | $2.00 | |
| (24) | For each certificate issued, except under Acts of Congress | $1.00 | |
| (25) | For issuing supplemental certificates showing letters to be in force | $2.00 | |
| (26) | For issuing Acts of Congress certificates | $3.00 | |
| (27) | For making certified copies of documents of three pages or less | $3.00 | for each additional page .50 |
| (28) | For filing and docketing claims against decedent's estate, each claim, except claim for funeral bill and legal notice to creditors | .50 | |
| (29) | For filing exceptions to claims against estates, mailing notices and entering Orders | $5.00 | |
| (30) | For issuing any notice to guardians, conservators, executors and administrators to take and state their accounts as provided by law | $3.00 | |
| (31) | For filing petition for delayed or corrected birth certificate, and entering order | $6.00 | |
| (32) | For filing petition and cost bond in causes involving sale of real estate | $5.00 | |
| (33) | For filing each answer in such causes | $1.00 | |
| (34) | For filing each report in such causes | $2.00 | Plus $1.00 for additional pages in excess of one (1) page |
| (35) | For issuing summons and entering return in such causes | $3.00 | |
| (36) | For entering orders pro confesso or judgment by default in such causes | $3.00 | |
| (37) | For issuing and entering order of publication in such cases | $3.00 | |
| (38) | For filing each amended petition in such causes | $2.00 | |
| (39) | For entering order appointing guardian ad litem in such causes | $2.50 | |
| (40) | For filing and entering final order in each of such causes | $3.00 | Plus $1.00 for each additional page in excess of Two (2) pages |
| (41) | Commissions on funds paid into court in causes involving sale of real estate. | $21.50 on first $1,000.00 and one-half of one per cent (½%) on balance | |
| (42) | Commissions on proceeds of the sale of real estate when sale made by the clerk | Five per cent (5%) on first $6,000.00 of sale price, plus one per cent (1%) of the balance | |
| (43) | For filing and docketing Commitment proceedings under the provisions of Section 33-604 Tennessee Code Annotated, entering and enrolling order appointed counsel for the individual, when necessary and order of commitment to mental Hospital | $10.00 | |
| (44) | For filing and docketing petition or complaint for encroachment | $5.00 |
SECTION 2. That the provisions of this Act are declared to be severable and if any of its sections, provisions, sentences, clauses, words, phrases, or parts be held unconstitutional, void and/or invalid, the remainder of this Act shall continue in full force and effect, it being the legislative intent, now hereby declared, that this Act would have been adopted even if such unconstitutional, void and/or invalid matter had not been included therein.
SECTION 3. That notwithstanding the provisions of any other law or laws on this subject, should there be a conflict between the provisions of this Act and some other Act on this same subject, it is hereby declared the legislative intent that the provisions of this Act shall be controlling, notwithstanding the provisions of the other Act, since they are hereby expressly repealed and superseded.
SECTION 4. That this Act shall take effect from and after its passage, the public welfare requiring it.
Passed: May 4, 1971.