Fees for Probates, Guardianships and Small Estates Pro b a te Ac a de my L ub b o c k, T X Ma y 7-10, 2019 1
CLERK’S FEE LGC 118.052(2)(A)(i) Each clerk of a county court shall collect the following fees for services rendered to any person: Probate of a will with independent executor, administration with will attached, administration of an estate, guardianship or receivership of an estate, or muniment of title . . . $40.00 CLERK’S FEE LGC 118.052 (iii) Small estates . . . $40.00 2
RECORDS MANAGEMENT AND PRESERVATION FEE- PROBATE CASES LGC 118.0645 (a) The fee for "Records Management and Preservation" under Section 118.052 (3)(G) is for the records management and preservation services performed by the county as required by Chapter 203. (b) The fee shall be assessed as cost and must be paid at the time of filing any probate case or adverse probate action. (c) The fee shall be placed in a special fund entitled records management and preservation fund. The fee shall be used only for records management and preservation purposes in the county as required by Chapter 203. No expenditure may be made from this fund without prior approval of the commissioners court. Reference: (118.052(3)(G))Records Mgmt & Preservation Fee . . . $ 5.00 3
RECORDS ARCHIVE FEE LGC 118.025 *(CC Approved) Pg 1 (b) The commissioners court of a county may adopt a records archive fee under Section 118.011(f) as part of the county's annual budget. The fee must be set and itemized in the county's budget as part of the budget preparation process. The fee for "Records Archive" under Section 118.011(f) is for the preservation and restoration services performed by the county clerk in connection with maintaining a county clerk's records archive. (c) The fee must be paid at the time a person, excluding a state agency, presents a public document to the county clerk for recording or filing. (e) The funds generated from the collection of a fee under this section may be expended only for the preservation and restoration of the county clerk's records archive. The county clerk shall designate the public documents that are part of the records archive for purposes of this section. The designation of public documents by the county clerk under this subsection is subject to approval by the commissioners court in a public meeting during the budget process. 4
RECORDS ARCHIVE FEE LGC 118.025 *(CC Approved) Pg 2 (f) The funds may not be used to purchase, lease, or develop computer software to geographically index public records, excluding indexing public records by lot and block description as provided by Section 193.009(b)(4). (g) Before collecting the fee under this section, the county clerk shall prepare an annual written plan for funding the preservation and restoration of the county clerk's records archive. The commissioners court shall publish notice of a public hearing on the plan in a newspaper of general circulation in the county not later than the 15th day before the date of the hearing . 5
RECORDS ARCHIVE FEE LGC 118.025 *(CC Approved) Pg 3 After the public hearing, the plan shall be considered for approval by the commissioners court. Funds from the records archive account may be expended only as provided by the plan. All expenditures from the records archive account shall comply with Subchapter C, Chapter 262. The hearing may be held during the budget process. After establishing the fee, the plan may be approved annually during the budget process. 6
RECORDS ARCHIVE FEE LGC 118.025 *(CC Approved) pg 4 (h) If a county charges a fee under this section, a notice shall be posted in a conspicuous place in the county clerk's office. The notice must state the amount of the fee in the following form: "THE COMMISSIONERS COURT OF _______________ COUNTY HAS DETERMINED THAT A RECORDS ARCHIVE FEE OF $________ IS NEEDED TO PRESERVE AND RESTORE COUNTY RECORDS." (i) The fee is subject to approval by the commissioners court in a public meeting during the budget process. Reference LGC 118.011 (Effective until September 1, 2019) 7
RECORDS ARCHIVE FEE LGC 118.025 *(CC Approved) pg 5 Reference LGC 118.011 (Effective until September 1, 2019) LGC 118.011(f) The county clerk of a county shall , if the commissioners court of the county adopts the fee as part of the county's annual budget, collect the following fee from any person: (1)Records Archive Fee (Sec. 118.025) . . . . not more than $10 **Effective AFTER September 01, 2019** (Depending on Legislature) LGC 118.011(f) The county clerk of a county shall , if the commissioners court of the county adopts the fee as part of the county's annual budget, collect the following fee from any person: (1) Records Archive Fee (Sec. 118.025) . . . . not more than $5 8
TECHNOLOGY FUND (CLERKS TO COLLECT) LGC 118.052 (3)(H) (*#) Records Technology and Infrastructure Fee if authorized by the commissioners court of the county (Sec. 118.026) . . . $ 2.00 Sec. 118.026. FEE FOR COUNTY RECORDS TECHNOLOGY AND INFRASTRUCTURE IN CERTAIN COUNTIES. (a) The commissioners court of a county that borders the United Mexican States and the Gulf of Mexico may adopt a records technology and infrastructure fee as part of the county's annual budget. The fee must be set and itemized in the county's budget as part of the budget preparation process. (c) The fee shall be deposited in a separate records technology and infrastructure account in the general fund of the county. Any interest accrued remains with the account. (d) The funds generated from the collection of a fee under this section may be used only for technology and infrastructure for the maintenance of county records and the operation of the county records system. 9
TECHNOLOGY FUND (JUDGES TO COLLECT) LGC 118.102 Sec. 118.102. FEE FOR COUNTY RECORDS TECHNOLOGY AND INFRASTRUCTURE. If adopted by the commissioners court under Section 118.026, the County Judge shall collect the records technology and infrastructure fee at the time a person pays a fee for probate matters under Section 118.101(14) ...$2.00 Sec. 118.026. FEE FOR COUNTY RECORDS TECHNOLOGY AND INFRASTRUCTURE IN CERTAIN COUNTIES. (a) The commissioners court of a county that borders the United Mexican States and the Gulf of Mexico may adopt a records technology and infrastructure fee as part of the county's annual budget. The fee must be set and itemized in the county's budget as part of the budget preparation process. (d) The funds generated from the collection of a fee under this section may be used only for technology and infrastructure for the maintenance of county records and the operation of the county records system. 10
Counties that are allowed to charge Technology fee that border the United Mexican States and the Gulf of Mexico : Aransas, Brazoria, Brewster, Calhoun, Cameron, Chambers, El Paso, Galveston, Harris, Hildago, Hudspeth, Jackson, Jeff Davis, Jefferson, Kenedy, Kinney, Kleberg, Matagorda, Maverick, Nueces, Presidio, Refugio, San Patricio, Starr, Terrell, Val Verde, Webb, Willacy and Zapata 11
PRESERVATION FUND GC 51.708 (a) In addition to all other fees authorized or required by other law, the clerk of a county court, statutory county court, or district court shall collect a filing fee of not more than $10 in each civil case filed in the court to be used for court record preservation for the courts in the county. PER OCA - COURT RECORD PRESERVATION FEE Source: Government Code § 51.708 Amount: $0.01 to $10.00 Applicability: All new civil suits (including probate court actions and garnishments after judgment) except minors’ applications for orders authorizing an abortion without parental notice ( see Family Code, § 33.003(n)). Local Option: Fee is mandatory , but Commissioners Court (apparently) sets fee amount. (The statute does not say who is to set the fee.) 12
COURTHOUSE SECURITY FEE LGC 291.008(a) (*CC Approv)(†Webb Co Only) (a) The commissioners court may set a fee not to exceed $5 to be collected at the time of filing in each civil case filed in a county court, county court at law, or district court which shall be taxed as other costs. (†)(LGC 291.009 (a) In addition to any other fee authorized by law, including a fee for security under Section 291.008, the Webb County Commissioners Court may set a fee not to exceed $20 to be collected at the time of filing in each civil case filed in the county court, a county court at law, or a district court in Webb County. The fee shall be taxed as other costs. The county is not liable for the costs. 13
LAW LIBRARY LGC 323.023(a) (*CC Approved) pg 1 (a) A sum set by the commissioners court not to exceed $35 shall be taxed, collected, and paid as other costs in each civil case filed in a county or district court, except suits for delinquent taxes. (b) The clerks of the respective courts shall collect the costs and pay them to the county treasurer, or to any other official who discharges the duties commonly delegated to the county treasurer, for deposit in a fund to be known as the county law library fund. The fund may be used only for: (1) establishing the law library after the entry of the order creating it; (2) purchasing or leasing library materials, maintaining the library, or acquiring furniture, shelving, or equipment for the library; or (3) purchasing or leasing library materials or acquiring library equipment, including computers, software, and subscriptions to obtain access to electronic research networks for use by judges in the county. 14
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