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PA Bulletin, Doc. No. 03-2354

THE COURTS

Title 255--LOCAL
COURT RULES

ERIE COUNTY

Register of Wills and Clerk of Orphans' Court Schedule of Fees and Costs; No. 3 of 2003

[33 Pa.B. 6043]

Order

   And Now, this 21st day of November 2003, pursuant to 42 P. S. 21022.1 and 21032.1, it is hereby Ordered, Adjudged and Decreed that:

   1.  The fee schedule submitted by the Register of Wills and Clerk of the Orphans' Court, a copy of which follows and is incorporated herein, is hereby Approved.

   2.  A $5.00 automation fee is established for any initiation of action or legal proceeding currently requiring a JCP/ATJ fee, including marriage licenses, which fee shall be deposited into a special Register of Wills automation fund and shall be used solely for the purpose of automation and continued automation updates of the Register of Wills and Clerk of the Orphans' Court offices.

   3.  This order shall become effective on January 1, 2004

By the Court

WILLIAM R. CUNNINGHAM,   
President Judge

Register of Wills

Grant of Letters Testamentary/Administration:

(Based upon the Gross value of an estate**)

Less than $50,000$50.00
$50,001 to $100,000 150.00
$100,001 to $500,000200.00
$500,001 to $1,000,000 250.00
$1,000,001 to $3,000,000 1,000.00
$3,000,001 and up 1,500.00
**Where the gross value of an estate has been under- estimated 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 a rate of 1% per month.
**All fees must be paid in full before any finalization/ estate settlement will be accepted for filing.
**Fee includes documents subsequently filed at the same number except for the following:
Automation fee5.00*
*to be charged on all first filings requiring JCP fee & on all marriage license applications.
Caveat (including bond) 50.00
Citation petitions 25.00
   Issuing per respondent5.00
Claim, filing and withdrawal 15.00
Commission to take oath 20.00
Certificate of appointment from other
   jurisdictions
10.00
Disclaimer/Assignment of Interest 20.00
Exemplification of record, filing or issuance 20.00
Family Settlement Agreement (no acct) 50.00
Inheritance tax return 10.00
Inventory 10.00
Judicial Computer Project (JCP) fee 10.00
Non resident Inheritance Tax Appraisement and    receipts 15.00
Photocopies, each .50
   If mailed, each 1.00
Probate of will or codicil without letters 25.00
Proof of Death or Death Certificate 10.00
Short Certificates, each 5.00
Tax Certificate on Realty, issuance & filing 10.00
All other documents and pleadings not specifically listed herein will be charged at a rate comparable to this schedule for a like instrument at the sole discretion of the Register of Wills/Clerk of the Orphans' Court.
Appeals:
Notice of Appeal & appeal bond 25.00
Appeal from Register (includes certification of    record to Orphans' Court) 75.00
Appeal to Appellate Court 50.00
Appeal to Superior or Supreme Court
   Prothonotary fee (State fee)
60.00
Clerk of Orphans' Court
Accounts:
of Guardians, Trustees, Executors & Administrators
Less than $50,000 $50.00
$50,001 to $100,000 150.00
$100,001 to $500,000 200.00
$500,001 to $1,000,000 250.00
$1,000,001 to $3,000,000 1,000.00
$3,000,001 and up 1,500.00
Advertising of accounts 50.00
Amended Account 50.00
Amended Audit Statement 25.00
Continuance or re-advertising 25.00
Discharge of Fiduciary 25.00
Family Settlement Agreement (after an account    has been filed) 25.00
Adoptions:
Adoption petition 50.00
   Each additional child 5.00
Adoption certificates, each 5.00
Appeal to Appellate Court 50.00
Appeal to Superior or Supreme Court
   Prothonotary fee
60.00
Automation fee 5.00*
*to be charged on all first filings requiring JCP fee & on all marriage license applications
Confirm Consent petition 25.00
Involuntary Termination petition &
   citation
30.00
Judicial Computer Project (JCP) fee 10.00
Report of intent to adopt* 25.00
   *Counseling fees with every intent petition 75.00
Report of Intermediary 25.00
Recording a Foreign Adoption 25.00
Release of non identifying
   information
75.00
Release of Identifying information 150.00
Voluntary Relinquishment petitions 25.00
Estates and Trusts:
Automation fee 5.00*
*to be charged on all first filings requiring JCP fee & on all marriage license applications
Elections to take under or against
   will
25.00
Family Settlement agreement (after an account    has been filed) 25.00
Judicial Computer Project (JCP) fee 10.00
Initial Petition: 50.00**
Includes, but not limited to:
   Letters after 21 years
   Citation petitions
      Per respondent, additional 5.00
   Petition to settle small estate
   Petition for family exemption
   Petition to sell or mortgage realty
   Presumed decedent
   Receipt and Release
Trusts InterVivos, recording 50.00
Trust Settlement agreement 50.00
**$50.00 initiation fee includes documents subsequently filed at the same number unless the document requires additional processing other than docketing
Guardians and Trustees:
Automation fee 5.00*
*to be charged on all first filings requiring JCP fee & on all marriage license applications
Initial Petition 50.00**
Includes but not limited to:
   Bond or reduction of bond petition
   Citation, petition
   Emergency Guardianship petition
   Guardianship of minor petition
      Each additional minor, $10.00
   Guardianship of Incapacitated
      person,
   Guardian Ad Litem, petition
   Guardianship Review Hearing,
      petition
   Removal or resignation of Guardian
      or Trustee
   Release of funds from restricted
      accounts
   Sale of Property or Estate Planning
   Service of Guardianship petition
   Settlement of Minor's claim,
      petition
   Successor Guardian or Trustee
      Petition
Certificate of Guardian, each 5.00
Judicial Computer Project (JCP) fee 10.00
Subpoena 5.00
**$50.00 initiation fee includes documents subsequently filed at the same number unless the document requires additional processing other than docketing.
Marriage:
Application and License 40.00
Appointment of Guardian for consent to
Marriage
10.00
Automation fee 5.00*
*to be charged on all first filings requiring JCP fee & on all marriage license applications.
Certified copy of marriage record 10.00
Custodial parental consent 10.00
Judicial waiver of waiting period 10.00
Military waiver n/c
Short form Marriage certificate 5.00
Miscellaneous:
Genealogical research, per estate 20.00
Certificate of Birth OR Death Record
   (1893--1906)
10.00
Delayed Birth Record 10.00
Certified Copy of document, per page 2.00
Photocopy of document, per page .50
   If mailed, per page 1.00
NSF check charge 25.00*
*Plus original amount (cashiers check or cash only on replacements)

   Please Note:  All other documents and pleadings not specifically listed herein will be charged at a rate comparable to this schedule for a like instrument as determined at the sole discretion of the Register of Wills and/or Clerk of the Orphans' Court.

[Pa.B. Doc. No. 03-2354. Filed for public inspection December 12, 2003, 9:00 a.m.]



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