Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS: LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall collect fees and costs under the Local Government Code as follows:
(1) additional filing fee for filing any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or third-party action requiring a filing fee to fund civil legal services for the indigent (Sec. 133.153, Local Government Code) . . . $10;
(2) additional filing fee to fund contingency fund for liability insurance, if authorized by the county commissioners court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(3) probate court actions (Sec. 118.052, Local Government Code):
(A) probate original action (Secs. 118.052 and 118.055, Local Government Code):
(i) 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 (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052, Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local Government Code) . . . $40;
(iv) declarations of heirship (Sec. 118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052 and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs. 118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement (Secs. 118.052 and 118.056(d), Local Government Code) . . . $25;
(ii) approving and recording bond (Sec. 118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052, Local Government Code) . . . $2;
(iv) filing annual or final account of estate (Sec. 118.052, Local Government Code). . . $25;
(v) filing application for sale of real or personal property (Sec. 118.052, Local Government Code) . . . $25;
(vi) filing annual or final report of guardian of a person (Sec. 118.052, Local Government Code) . . . $10; and
(vii) filing a document not listed under this paragraph after the filing of an order approving the inventory and appraisement or after the 120th day after the date of the initial filing of the action, whichever occurs first (Secs. 118.052 and 191.007, Local Government Code), if more than 25 pages . . . $25;
(C) adverse probate action (Secs. 118.052 and 118.057, Local Government Code) . . . $40;
(D) claim against estate (Secs. 118.052 and 118.058, Local Government Code) . . . $2;
(E) supplemental court-initiated guardianship fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; and
(F) supplemental public probate administrator fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10;
(4) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059, Local Government Code):
(i) original document and one copy (Sec. 118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060, Local Government Code):
(i) for the clerk's certificate (Sec. 118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec. 118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of a page (Secs. 118.052 and 118.0605, Local Government Code) . . . $1;
(D) letters testamentary, letter of guardianship, letter of administration, or abstract of judgment (Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and 118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and 118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee (Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and
(5) court cost in civil cases other than suits for delinquent taxes to fund the county law library fund, if authorized by the county commissioners court (Sec. 323.023, Local Government Code) . . . not to exceed $35.
Added by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 7.105, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 11.107(b), eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1183 (H.B. 3637), Sec. 12, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 9.110(a), eff. September 1, 2015.
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