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 $500,000 200.00 $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 **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 fee 5.00* *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 respondent 5.00 Claim, filing and withdrawal 15.00 Commission to take oath 20.00 Certificate of appointment from other
jurisdictions10.00 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 fee60.00 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 &
citation30.00 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
information75.00 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
will25.00 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,
petitionRemoval or resignation of Guardian
or TrusteeRelease of funds from restricted
accountsSale of Property or Estate Planning Service of Guardianship petition Settlement of Minor's claim,
petitionSuccessor Guardian or Trustee
PetitionCertificate 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
Marriage10.00 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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