HomeMy WebLinkAbout12-06-12IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: FEES and COSTS for
REGISTER of WILLS and .
CLERK of ORPHANS' COURT
~ 2-~Z~nG Orphans' Court
PETITION TO MODIFY FEES FoR
REGISTER of WILLS AND CLERK of ORPHANS' COURT
AND NOW, comes Glenda Farner Strasbaugh, Register of Wills and Clerk of the
Orphans' Court of Cumberland County, by Kirk S. Sohonage, Esquire, her Solicitor, and
represents as follows:
1. That the current fees for the Cumberland County Register of Wills and Clerk
of Orphans' Court became effective March 1, 2006.
2. For certain economic considerations as well as efficiency of the office, it is
reasonable that the fees for services performed by the Register of Wills and the Clerk of
Orphans' Court should be modified.
3. The Petitioner proposes the fees to be charged in her capacity as Register
of Wills should be as follows:
LETTERS of ADMINISTRATION oR TESTAMENTARY LETTERS
For total estate assets:
Not exceeding $2000
$2,000 to $5,000
$5,001 to $10,000
$10,001 to $25,000
$25,001 to $50,000
$50,001. to $75,000
$75,001 to $100,000
$20.00
$30.00
$45.00
$60.00
$90.00
$135.00
$210.00
For each additional $100,000 or fraction thereof:
An Additional $50.00
Probate without issuance of letters $20.00
The gross value shall equal the taxable estate assets plus income generated by the
estate. If there is a testamentary trust, then the gross value shall be only the
income generated by the trust.
Where the gross value of an estate has been underestimated on the Petition
for Letters, Probate fees will be adjusted and an invoice will be rendered
for the balance.
Additional probate fees will be due and payable within thirty (30) days
from the date of the invoice. Any balances more than thirty (30) days in
arrears will be charged interest at the rate of 1 % per month.
All fees must be paid in full before any estate settlement will be accepted
for filing.
Where the gross value of an estate has been overpaid, such overpayment will not
be refunded and the money will be forwarded to the county.
When filing fees have been overpaid in an amount not exceeding ten (10) dollars,
such overpayment will not be refunded and the money will be forwarded to the
county.
OTHER LETTERS of ADMINISTRATION: $20.00
MISCELLANEOUS ITEMS
Affidavit or Oath, executing $ 5.00
Affidavit to Settle Small Estate
(for Insurance proceeds under $11,000) $20.00
Appeal from the Register $25.00
Bonds $15.00
Caveat $20.00
Certified copies of Instruments $ 5.00
Certified Copies of Instruments, with
Certificates attached $15.00
Certified docket entries $10.00
Citation, issued by the Register of Wills $20.00
Claim against the estate $10.00
Codicil $15.00
Commissions to take Oath or Testimony $20.00
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Election to take under or against the will $ 20.00
Exemplified Copies of Instruments $ 15.00
Exemplified Copies of Letters, filing
and recording $ 20.00
Exemplification of Letters, issuing $ 40.00
Inheritance Tax Return (payable at time of
probate) $ 15.00
Inventory or Affidavit in lieu of Inventory
(payable at time of probate) $ 15.00
Supplimental Inheritance Tax Return $ 15.00
Petitions $ 15.00
Photocopies, per page $ .50
Powers of Attorney, filing and indexing $ 20.00
Research, per record $ 5.00
Renunciation $ 5.00
Short Certificate $ 5.00
Subpoena $ 5.00
Tax Certificate, issuing $ 10.00
Will $ 15.00
THE REGISTER OF WILLS (CLERK OF ORPHANS' COURT) REQUESTS THAT
EACH MOTION/PETITION FILED SEEK ONLY ONE TYPE OF RELIEF AND
REFERENCE ONLY ONE DOCKET NUMBER.
IF A PARTY FILES A SINGLE MOTION/PETITION SEEKING MULTIPLE FORMS
OF RELIEF, THEN THAT PARTY SHALL BE CHARGED AS IF IT HAD FILED A
SEPARATE MOTION/PETITION FOR EACH REQUESTED MATTER OF RELIEF.
IF A PARTY FILES A SINGLE MOTION/PETITION REFERENCING MULTIPLE
DOCKET NUMBERS, THEN THAT PARTY SHALL BE CHARGED AS IF IT HAD
FILED A SEPARATE MOTION/PETITION FOR EACH DOCKET NUMBER REFERENCED.
*Fees for similar services not herein specifically scheduled shall be
charged on the same basis as those scheduled.
4. The Petitioner proposes the fees to be charged in her capacity as the Clerk
of the Orphans' Court should be as follows:
ACCOUNTS -For the filing, advertising and adjudication of accounts of
executors, administrators, guardians, trustees and personal representatives
including transmission of the same to Orphans' Court and confirmation:
FOR ACCOUNTS NOT OVER $100,000
Account:
Petition for Adjudication:
Advertising:
$ 50.00
$ 15.00
$150.00
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Receipt and Release
Objections
$ 5.00
$ 5.00
FOR EACH ADDITIONAL $100,000 or FRACTION THEREOF
An Additional: $ 50.00
ADOPTION PROCEEDINGS:
Petition for Adoption $ 60.00
Report of Intention to Adopt $ 15.00
Report of Intermediary $ 15.00
Petition for Termination of Rights
or Relinquishment (Vol. or Invol.) $ 15.00
Petition to Confirm Consent to Adopt $ 15.00
Act 34 Fund $ 75.00
Home Study Fee $320.00
Investigation (non-identifying) $ 50.00
Investigation (identifying) $150.00
GUARDIANSHIP
Annual Report of Guardian $15.00
Bond, filing and approval $15.00
Guardian Inventory $15.00
Petition for Appointment, filing $15.00
Petition for Discharge, filing $15.00
Petition for Successor Guardian, filing $15.00
MARRIAGE LICENSE
Certified Marriage Certificate $ 5.00
Certified Marriage Certificate
for Military NO FEE
Custodial Parental Consent $20.00
Judicial Waiver of Waiting Period $20.00
Marriage License (Cash Only) $50.00
Replacement Marriage License (before
Marriage takes place) $ 5.00
Military Waiver NO FEE
MISCELLANEOUS
Appeal to Appellate Court, certificate
of record and bond $75.00
Certified copies of instruments $ 5.00
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Certified docket entries $10.00
Citation, issued by Clerk of
Orphans' Court $20.00
Commissions on monies paid into, held or
controlled by the court (including CDs,
Bonds and Escrow Accounts) 5% per year
Commitment $ 5.00
Decree awarding real estate $ 10.00
Disclaimer $ 5.00
Exemplification of record, issuing $ 40.00
Family settlement agreement $ 20.00
Motion $ 15.00
Petition and writ of attachment $ 20.00
Petitions $ 15.00
Photocopies, per page $ .50
Release $ 5.00
Research, per record $ 5.00
Satisfaction of award $ 5.00
Satisfaction of claim $ 10.00
*Fees for similar services not herein specifically scheduled shall be
charged on the same basis as those scheduled.
5. The Petitioner avers this Court has the authority to modify the fees of the
Register of Wills office pursuant to Title 42 Pa.C.S.A, §21022.1.
6. The Petitioner avers this Court has the authority to modify the fees of the
Clerk of Orphans' Court pursuant to Title 42 Pa.C.S.A., §21032.1.
WHEREFORE, your Petitioner, Glenda Farner Strasbaugh, Cumberland County
Register of Will and Clerk of Orphans' Court, respectfully requests that this Court
establish the fees to be charged by her office as herein provided.
Respectfully
tted,
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Solicitor, Register of Wills
and Clerk of Orphans' Court