act-1981-0-58•Pennsylvania Act 1981-58 — CLERK OF ORPHANS' COURT FEE LAW
Pennsylvania Act 1981-58 — CLERK OF ORPHANS' COURT FEE LAW
act-1981-0-581981 Pa. Act 58Law
Act text
| CLERK OF ORPHANS' COURT FEE LAW | ||
|---|---|---|
| Act of Jul. 1, 1981, P.L. 193, No. 58 | Cl. 42 |
AN ACT
Establishing certain fees to be charged by clerks of the orphans' courts of counties of the fifth, sixth, seventh and eighth class and providing for fees in counties of the second through eighth class. (Title amended July 10, 1990, P.L.372, No.85)
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. The following fees shall be received by the clerks of orphans' courts of counties of the fifth, sixth, seventh and eighth class:
Accounts: Filing, recording, and setting up printed copies of advertisement of accounts of trustees and guardians, including certificate of the clerk:
| First page | $23.00 |
|---|---|
| Each additional page | 2.00 |
| Release attached to account, recording per name | 2.00 |
| Each additional page | 2.00 |
| Adjudications (omitting opinion and discussion): Recording, with recording certificate and filing | 6.00 |
| First page of distribution | 6.00 |
| Each additional page | 2.00 |
| Copy of adjudication, per page | 2.00 |
| Exclusive of advertising. | |
| Adoption: All proceedings | 18.00 |
| Voluntary Relinquishment: | |
| All proceedings | 12.50 |
| Allowance for minor, etc., petition and order | 7.50 |
| Appeal to an Appellant Court certificate of record and bond | 30.00 |
| Attachment, petition and writ | 6.00 |
| Certificate of guardian or trustee, appointment, first name | 2.00 |
| Additional names, each | .50 |
| Citation, including proof of service | 5.00 |
| Commissions on money paid into court, 5% per year | |
| Commitment | 2.00 |
| Issuing decree, copy of, per page, certificate not included | 3.00 |
| Discharge of trustee and appointment of substitute trustee | 6.00 |
| Election to take under or against will, filing | 6.50 |
| Issuing exemplification of record, first page | 10.00 |
| Each additional page | 2.00 |
| Extinguishing of charge on land, including certified copy of final decree | 10.00 |
| Family settlement | 12.50 |
| Release, per name | 2.00 |
| Satisfaction of award | 2.00 |
| Guardian: Filing petition and appointment | 10.00 |
| Filing and approval of bond where required | 4.00 |
| Marriage license (including State tax) | 5.00 |
| Each consent | .50 |
| Order to pay, filing petition for order, and order | 6.50 |
| Partition proceedings, all proceedings, one purpart | 30.00 |
| Each additional purpart | 4.00 |
| Real Estate Sale or Mortgage. | |
| For distribution or payment of debts: | |
| All proceedings, one purpart | 12.50 |
| Each additional purpart | 2.00 |
| Under price act, one purpart | 10.00 |
| Each additional purpart | 2.00 |
| Specific performance of contract for sale of real estate: | |
| Petition and order | 10.00 |
| Seal of court | 1.00 |
| Subpoena | 2.00 |
| Surviving Spouse $10,000 | |
| Appraisement: Filing petition, copying and appointment of appraisers, personalty | 6.50 |
| Filing petition, copying and appointment of appraisers, realty | 6.50 |
| Filing proof of publications and confirmation of appraisement, personalty | 6.50 |
| Filing proof of publication and confirmation of appraisement, realty | 6.00 |
| Widow's Exemption or Children's Exemption: Claim, appraisement, proof of publication and confirmation, personal estate | 5.00 |
| Claim, appraisement, proof of publication and confirmation, real estate, (1 purpart) | 5.00 |
| Each additional purpart | 2.00 |
| Petition for appointment of appraisers | 2.00 |
| Filing appraisement, proof of publication and confirmation (Where no administration or probate), Personal estate | 6.50 |
| Real estate, (1 purpart) | 6.50 |
| Real estate, (each additional purpart) | 2.00 |
Fees for similar services not specifically scheduled shall be charged on the same basis as those herein scheduled.
Section 2. (2 repealed July 10, 1990, P.L.372, No.85).
Section 2.1. In counties of the second, second A, third, fourth, fifth, sixth, seventh and eighth class on or after the effective date of this act, the Clerk of the Orphans' Court may establish, increase, decrease, modify or eliminate fees and charges with the approval of the President Judge. Thereafter, such fees and charges shall be established, increased, decreased, modified or eliminated as determined by the Clerk of the Orphans' Court and the President Judge.
(2.1 amended Apr. 21, 1994, P.L.133, No.18)
Section 2.2. An additional fee may be charged and collected by the Clerk of the Orphans' Court of a county of the second class for the initiation of any action or legal proceeding. The additional fee shall be deposited into a special Clerk of the Orphans' Court computer fund established in each county of the second class. Moneys in the special fund shall be used by the Clerk of the Orphans' Court, with the approval of the President Judge, solely for the purposes of computerization and document reproduction in the office of the Clerk of the Orphans' Court.
(2.2 added Apr. 21, 1994, P.L.133, No.18)
Section 3. The following acts or parts of acts are repealed insofar as they relate to fees collected by clerks of the orphans' courts in second through eighth class counties:
Section 1725 of Title 42, act of November 25, 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated Statutes.
Section 24(a) of the act of July 9, 1976 (P.L.586, No.142), known as the "Judiciary Act of 1976."
Section 4. This act shall take effect in 60 days.
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