11 Register of wills and clerk of orphans' court; schedule of fees and costs; O.C. No. 1000/2009?

BUTLER COUNTY

Register of Wills and Clerk of Orphans' Court; Schedule of Fees and Costs; O.C. No. 1000/2009

[40 Pa.B. 24]
[Saturday, January 2, 2010]

Administrative Order

 And Now, this November 24, 2009, pursuant to the provisions of 42 P. S. § 21022.1 and 42 P. S. § 21032.1, the fee bill of the Register of Wills and the Clerk of Orphans' Court of Butler County, Pennsylvania is amended as indicated on the proposed fee bill as follows to the foregoing Petition.

 The JCS/ATJ fee has a mandatory effective date of December 08, 2009. All other provisions of the fee schedule will become effective January 02, 2010, upon due advertisement as required by the PA Rules of Court.

 It Is Further Ordered that the Court direct the Court Administrator to:

 (a) File seven (7) certified copies of this Administrative Order with the AOPC;

 (b) File two (2) certified copies of this Administrative Order and one (1) diskette with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

 (c) File one (1) certified copy of this Administrative Order with the PA Supreme Court Orphans' Court Rules Committee;

 (d) Forward one (1) copy of this Administrative Order to be published in the Butler County Legal Journal;

 (e) Forward one (1) copy of this Administrative Order to the Butler County Law Library; and

 (f) Keep continuously available for public inspection copies of this Administrative Order in the Butler County Register of Wills and Clerk of Orphans' Court offices and the office of the Court Administrator.

By the Court

THOMAS J. DOERR, 
President Judge

FEE SCHEDULE

REGISTER OF WILLS

AFFIDAVIT (miscellaneous)	$5
AFFIDAVIT OF DEATH	$10
AMEND PROBATE RECORD
Within 3 months of probate (Petition to the Register of Wills)	$30
After 3 months from date of probate (Petition Orphans' Court)
O.C. Petition	$25
Certified Order to Register of Wills	$5
Open and Amend Record/Reissue Letters	$30
ANCILLARY LETTERS
(Follow regular estate fee schedule based on PA  assets only)
APPEAL FROM REGISTER	$75
(Filed in Orphans' Court)
(Includes certification of record to Orphans'  Court)
AUTOMATION FEE	$15.50
** To be charged on all first filings requiring JCS fee and  on all marriage license applications.
BOND	$35
CAVEAT	$35
CERTIFICATION OF RECORD (issue)	$5+
+ per page for each page certified	$2
CERTIFIED/EXEMPLIFIED RECORD FILING
Filing from another County	$40+
+ pages @	$2
CERTIFICATION OF INH TAX PAYMENTS
Issuing Certificate to another county	$25
Filing and Recording from another county	$15
CERTIFIED MAILING	$10
(Subject to Change without further Court Order)
CODICILS	$25
COMMISSION TO ADMINISTER OATH	$25
COMMISSION ON COURT-ORDERED ESCROW
5% on first $1,000
1% on each additional $1,000 or any part thereof*
*To be deducted prior to investment
DEATH CERTIFICATE	$10
DISCLAIMER (of beneficial interest)	$10
(Filed in Orphans' Court)
DISTRIBUTION RECEIPT
(Independent of Settlement Agreement)	$5*
*(Per Legatee)
ELECTION TO TAKE	$25
(Filed in Orphans' Court)
EXEMPLIFICATION OF RECORD
Issuing/Record Filing	$40+
+ pages @	$2
INVENTORY *
*NOTE: We accept Inventory forms from legal software  packages and from other Counties.
We will also accept a copy (with original signatures) of the PA Inheritance Tax Return marked ''INVENTORY'' in lieu of a separate Inventory form.
SOLVENT ESTATES	$30
INSOLVENT ESTATES	$10
SUPPLEMENTAL	$30/$10
(Same as original filing according to solvent/insolvent)
LETTERS (Testamentary/Administration/Administration  C.T.A.)
AUTOMATION FEE	$15.50
To be charged on all first filings requiring a JCS fee and on all marriage license applications.
JCS/ATJ fee (On Grant of Letters Only)	$23.50*
*fixed by Legislature
FOR ESTATE VALUES:
Not Exceeding $5,000	$40
From $ 5,001 to $10,000	$60
From $10,001 to $20,000	$75
From $20,001 to $30,000	$90
From $30,001 to $40,000	$105
From $40,001 to $50,000	$120
From $50,001 to $75,000	$150
From $75,001 to $100,000	$200
From $100,001 to $200,000	$250
**Each Additional $100,000 or any fraction  thereof	$100
First $1 Million	$1,050
**Each Additional $100,000 or any fraction  thereof	$100
Each Additional $1 Million	$1,000

**NOTE:

 • Where the gross value of an estate has been underestimated on the Petition for Letters, Probate fees will be adjusted and an invoice 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 finalization/estate settlement will be accepted for filing.

LETTERS (Administration D.B.N.)	$50
LETTERS (Administration D.B.N.C.T.A.)	$50
LITIGATION ONLY	$40
(Estate Opened for Litigation Purposes)
NOTICE TO HEIRS
(When Renunciation Can't be Obtained)	$20*
*(Includes Certified Mail)
PA JUDICIAL COMPUTER SYSTEM/ACCESS  TO JUSTICE
(JCS/ATJ fee)	$23.50*
* Imposed by the PA Supreme Court, on all Petitions for Letters and on all first filings for adoptions, small estates, trusts, guardianships, and minors' estates.
PROBATE OF WILL (without Letters)	$50
(Lodge Will Only)
PROBATE OF CODICIL	$25
PROOFS OF PUBLICATION	$10
REQUESTS FOR INFORMATION
(Per name Per record searched)	$5+*
+ per page copied	$1
* Requires SASE
No Personal Checks
(U.S. money orders/cashier's checks only)
REGISTER'S HEARINGS
Petition (for example, to Compel Admn)	$25
Order	$5
Citation(s) (each)	$20
Certified Mail (subject to change)	$10
Hearing	$50
NOTE: If Court Reporter requested/required, it's at   Atty's Expense
RECEIPT and RELEASE/DISTRIBUTION  RECEIPT	$5
RENUNCIATION	$5+
+ Per signature
* Renunciations must be notarized
RESEARCH FEE
(Per name x number of records searched)	$5+
+ per page copied	$1
* Requires SASE
No personal checks
(U.S. money orders/cashier's checks only)
Screen shots and docket entries	$1 page
RETURNED CHECKS
Reprocessing fee	$35+
+ original amount
(cashier's checks only on replacements)
SETTLEMENT AGREEMENT	$60
SHORT CERTIFICATE	$5
SMALL ESTATES AFFIDAVIT	$25
(Includes Certification fee)
TAX CERTIFICATION
Issuing Certificate to another County	$25
Filing and Recording Certificate from another County	$5
WAIVER	$10
NOTE: In cases not specifically provided for in this fee  schedule, the Register of Wills shall make the same  charge as that imposed for other services of a  substantially similar nature.

ORPHANS' COURT DIVISION

NOTE: Orphans' Court captions must be correct. Incor rect captions will require a Motion to Correct Caption.  A per correction fee will be charged in addition to the  filing fees.

ADOPTIONS: (Listed in filing order)
JCS/ATJ (12/08/09)	$23.50
On first filings—Adoptions, Small Estates,   Guardianships, Minors and Trusts
AUTOMATION FEE	$15.50
To be charged on all first filings requiring a JCS fee and all marriage license applications.
REPORT OF INTENT TO ADOPT*   TOTAL	$130
(non-relative adoptions only)
* Must be filed within 30 days of custody of child
(Breakdown of INTENT FEES)
INTENT	$25
CRIMINAL BACKGROUND CHECK	$5
CHILD ABUSE CLEARANCE	$5
REPORT OF INTERMEDIARY	$10
* HOME STUDY	$10
* Must be filed within 6 months of filing Report  of Intent
ACT 34 surcharge (On all intents)	$75*
* (Not Charged On Special Needs Child)
VOLUNTARY RELINQUISHMENT  ADULT/AGENCY
PETITION	$25
Certified Court Final Order	$5
INVOLUNTARY TERMINATION
PETITION	$25
Certified Court Final Order	$5
PETITIONS FOR TRANSPORT	$25
3 CERTIFIED ORDERS (Required By Sheriff)	$15
CERTIFIED MAIL COSTS	$10
Subject to change w/o further Court Order Based on postal rate changes
CONFIRM CONSENT*
PETITION	$25
Certified Court Order	$5
* No Less Than 30 Days After Consent Is  Executed
ADOPTION PETITION	$50
Certified Final Order	$5
ADOPTION CERTIFICATE	$5
(Replacement)
NOTE: No cases will be forwarded to court for finaliza tion unless all fees are paid in full
ADOPTION INQUIRIES
Petition for Non-Identifying Information	$50
APPEALS *(Must be 2 separate checks)
Butler County Court	$75*
* Includes filing, certifying, and transmitting record to   court
Appellate Court (Payable to appropriate Court)	$73.50
* Effective 12/08/09
AUTOMATION FEE	$15.50
To be charged on all first filings requiring a JCS fee and all marriage license applications.
BIRTH RECORD CERTIFICATION (1893-1905  ONLY)	$10+
Per name research fee	$5+
SASE for mail requests
No personal checks (U.S. money orders/cashier's checks only)
CERTIFICATIONS (issue)
Court Order	$5
Documents	$5+
+ Per page	$2
CERTIFIED MAILING	$10
(Subject to change without further Court Order)
CITATION	$20
CLAIM AGAINST ESTATE	$25
SATISFACTION/WITHDRAWAL OF CLAIM	$10
COMMISSION ON COURT-ORDERED  ESCROWS (poundage)
5% on first	$1,000
1% on each additional $1,000 or any part thereof
*NOTE: To be deducted from original court-ordered  amount prior to investment

COPIES
Self-made copies	$.25 page
Copies made by office staff	$1 page
CORRECTIONS
Motion to Correct Caption	$25+
+ Per correction charge	$1
COURT ACCOUNTING	$125+
+ Per each additional page of accounting	$2
FIRST/FINAL ACCOUNT	$125+
+ Per additional page of accounting	$2
AMENDED ACCOUNTS (Same as original)	$125+
+ Per additional page of accounting	$2
DECREE OF REAL ESTATE	$10
EXCEPTIONS/OBJECTIONS TO ACCOUNT	$25
CERTIFIED COURT ORDER	$5 ea
DEATH RECORD CERTIFICATION  (1893-1905 ONLY)	$10+
Research & Retrieval fee	$5
SASE
No personal checks
(U.S. money orders/cashier's checks only)
DEED EXECUTION
By OC Clerk/Court ordered	$25
DELAYED BIRTH RECORD CERTIFICATION	$10+
1893-1905 only
+ Per name research fee	$5
SASE for mail requests
No personal checks
(U.S. money orders/cashier's checks only)
DISCHARGE OF PERSONAL REPRESENTATIVE
Petition	$25
Certified court order	$5
DISCHARGE OF TRUSTEE/GUARDIAN
Petition	$25
Certified court order	$5
DISCLAIMER OF INTEREST	$10
DISTRIBUTION RECEIPT/RELEASE	$5*
* Independent of Settlement Agreement
ELECTION	$25
EXCEPTIONS/OBJECTIONS	$25
Certified Court Order	$5
EXEMPLIFICATION OF RECORD	$40+
+ Each additional page	$2
FOREIGN ADOPTION REGISTRATION  PETITION	$75+
* Includes copies, certification, forms preparation and transmittal to Vital Records
+ JCS/ATJ FEE	$23.50
+ AUTOMATION FEE	$15.50
GUARDIANSHIP AUTOMATION FEE	$15.50
To be charged on all first filings requiring JCS fee and on all marriage license applications.
JCS/ATJ SURCHARGE	$23.50
PETITION FOR APPOINTMENT
(Emergency or Permanent)	$25
COMBINED PETITION FOR Emg/Plenary	$50
CERTIFIED COURT ORDER (Each)	$5
GUARDIAN CITATION	$20
(Emergency or Permanent)
GUARDIAN BOND (if Court required)	$25
GUARDIAN INVENTORY	$15
GUARDIAN CERTIFICATE	$5
GUARDIAN ANNUAL REPORT	$15
GUARDIAN COURT ACCOUNT	$125+
+ Per additional page of accounting	$2
PETITION FOR DISCHARGE OF  GUARDIAN	$25
Certified Court Order	$5
PETITION FOR SUCCESSOR GUARDIAN	$25
Certified Court Order	$5
INHERITANCE TAX CITATION	$80
(Includes) Petition	$25
Inh Tax Citation	$50
Certified Order	$5
MAIL REQUESTS
Per name Per kind of record searched	$5+
+ COST of photocopies @		$1 page
No personal checks (U.S. money orders/cashier's checks only)
MARRIAGE LICENSE TOTAL	$60.00*
(Includes one $5 certification)
(Breakdown of fees)
APPLICATION	$39.50+
* AUTOMATION FEE	$15.50*
CERTIFICATION	$5
* To be charged on all first filings requiring a JCS fee and on all marriage license applications
CUSTODIAL PARENTAL CONSENT	$20
JUDICIAL WAIVER OF WAITING PERIOD	$20
MILITARY WAIVER	N/C
CERTIFICATION (marriage record or application)	$5+
+ Research & Retrieval fee	$5
Self addressed, stamped envelope
No personal checks
(U.S. money orders/cashier's checks only)
PHOTOCOPY OF APPLICATION	$1+
Research and Retrieval fee	$5
SASE
No personal checks
(U.S. money orders/cashier's checks only)
OUT OF STATE MARRIAGE APPLICATION  COMPLETION	$20
CERTIFICATION OF non-PA ML  APPLICATION (seal only)	$5
MINORS' CLAIM**
PETITION FOR SETTLEMENT	$25+
+ AUTOMATION FEE	$15.50
* To be charged on all first filings requiring a JCS fee and on all marriage license applications.
JCS/ATJ SURCHARGE	$23.50
CERTIFIED COURT ORDER	$5
PROOF OF DEPOSIT	$5
** NOTE:
INJURIES TO CHILD: parent(s) and atty must appear
INHERITANCE TO CHILD: No Appearance Required
MISCELLANEOUS PETITION	$25
CERTIFIED COURT ORDER	$5
MOTIONS	$25
CERTIFIED COURT ORDER	$5
PARENTAL CONSENT (CUSTODIAL)	$20
PETITION TO SELL REAL ESTATE	$25
CERTIFIED COURT ORDER	$5
PETITION TO DISCHARGE PERSONAL REP	$25
CERTIFIED COURT ORDER	$5
PHOTOCOPIES
Self-made copies	$.25 page
Copies made by office staff	$1 page
POUNDAGE (commission on court-ordered escrows)
5% on first $1,000
1% on each additional $1,000 or any part thereof
*NOTE: To be deducted from original court-ordered  amount prior to investment.
PROOFS OF PUBLICATION	$10 each
(if filed independently of accounting)
RESEARCH & RETRIEVAL FEE	$5+
+ Each name per kind of record searched
+ COST OF COPIES	$1 page
No personal checks
(U.S. money orders/cashier's checks only)
RESEARCH FORMS TO COMPLETE	$10
COMPUTER SCREEN SHOTS and  DOCKET ENTRIES—PER PAGE	$1
RULE TO SHOW CAUSE	$20
SATISFACTION OF CLAIM	$10
SETTLEMENT AGREEMENT	$60
SMALL ESTATE PETITION	$25+
(Must include original Death Certificate, Inh Tax Return, and Original Will, if applicable)
AUTOMATION FEE	$15.50
* To be charged on all first filings requiring a JCS fee and on all marriage license applications.
JCS/ATJ surcharge	$23.50
CERTIFIED COURT ORDER	$5
STIPULATION	$ 25
SUBPOENA	$10
TRUST (AGREEMENT/RESTATEMENTS)	$25
JCS/ATJ FEE	$23.50
AUTOMATION FEE	$15.50
* To be charged on all first filings requiring a JCS fee and on all marriage license applications.
TRUSTEE BOND	$25
TRUSTEE ACCOUNT	$125+
+ Per additional page of accounting	$2
WRONGFUL DEATH ACTIONS*
PETITION	$25
CERTIFIED ORDER	$5
* (filed in Orphans' Court Division if no litigation involved)
NOTE: In cases not specifically provided for, the Clerk of  Orphans' Court shall make the same charge as that  imposed for services of a substantially similar nature.

[Pa.B. Doc. No. 10-11. Filed for public inspection December 31, 2009, 9:00 a.m.]