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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 2 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 3 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 4 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, 5 Solicitor, Register of Wills and Clerk of Orphans' Court