THE COURTS
LAWRENCE COUNTY
Re: Register of Wills; O.C. of 90115-09 ADM
[40 Pa.B. 1893]
[Saturday, April 10, 2010]
PETITION
TO INCREASE FEES for REGISTER OF
WILLS OFFICE
(Pursuant to 42 P. S. § 21022.1)To the Honorable Dominick Motto, President Judge of the Said Court:
The petition of Janet L. Kalajainen, Register of Wills of Lawrence County respectfully represents that:
1. Petitioner is a duly elected Register of Wills of Lawrence County, a fifth class county.
2. The Register of Wills office is a user fee-based office in that it is funded by and through the collection of fees for documents filed.
3. Fees collected for filing documents in the office of Register of Wills have not been raised since a signed Court Order in 1990.
4. Costs of operating the office have continued to increase steadily since the previous bill was adopted by this Court.
5. The Pennsylvania Legislature, by enacting Act 69 of 1993 to amend 1981 P. L. 1 93, No. 58 (See attached legislation), empowered the Registers of Wills to establish, increase, decrease, modify or eliminate fees and charges with the approval of the President Judge of their respective counties.
6. David Cleaver, solicitor for the Registers of Wills and Clerks of Orphans' Court Association of Pennsylvania, has opined that, under current legislation which authorizes Registers of Wills to establish, increase, decrease, modify or eliminate fees and charges with the approval of the President Judge, all Registers of Wills may institute a fee for automation.
7. All fees collected under this automation fee are to be deposited into a special fund established by the county for the exclusive use of the Register of Wills. Monies in the special fund shall be used by the Register of Wills solely for the purposes of computerization, modernization, document reproduction or other records management costs within the office of Register of Wills. All expenditures from the account must be made at the request of the Register of Wills with the approval of the President Judge and must follow normal procurement procedures as established by the county.
Wherefore, your Petitioner, Janet L. Kalajainen, Register of Wills of Lawrence County, Pennsylvania, respectfully requests the Court to authorize the following schedules of fees and costs as proposed for the office of Register of Wills of Lawrence County for adoption by this Court.
JANET L. KALAJAINEN,
Register of Wills
COMMONWEALTH OF PENNSYLVANIA } COUNTY OF LAWRENCE } SS: JANET L. KALAJAINEN, Register of Wills of Lawrence County, Pennsylvania, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information, and belief.
Sworn to and subscribed before me this
4th day of December, 2009.
IN THE COURT OF COMMON PLEAS OF LAWRENCE COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION RE: REGISTER OF WILLS : O.C. No.
ADMINISTRATIVE ORDER And Now, this 4th day of December 2009, pursuant to the provisions of 42 P. S. § 21022.1, the fee bill of the Register of Wills of Lawrence County, Pennsylvania is amended as indicated on the proposed fee bill attached to the foregoing Petition.
The JCS/ATJ fee has a mandatory effective date of December 8, 2009. All other provisions of the fee schedule will become effective January 2, 2010 upon due advertisement as required by the PA Rules of Court.
It Is Further Ordered that the Court shall:
(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 Lawrence County Law Journal;
(e) Forward one (1) copy of this Administrative Order to the Lawrence County Law Library; and
(f) Keep continuously available for public inspection copies of this Administrative Order in the Lawrence County Register of Wills Office and the office of the Court Administrator.
By the Court
HONORABLE DOMINICK MOTTO,
President Judge
Lawrence County Register of Wills
FEE SCHEDULE
Effective January 1, 2010
Note: All Probate and first filings must be accompanied by a Death Certificate
PROBATE OF WILL (Without Letters)
PA Judicial Computer System/Access to Justice fee $ 23.50 Automation Fee $ 10.00 Last Will and Testament $ 40.00 GRANTING LETTERS TESTAMENTARY and LETTERS OF ADMINISTRATION
Pa Judicial Computer System/Access to Justice fee $ 23.50 Automation Fee $ 10.00 Will/Codicil $ 20.00 FOR ESTATE VALUES: NOT EXCEEDING $5000.00 $ 40.00 From $5,001.00 to $10,000.00 $ 60.00 From $10,001.00 to $20,000.00 $ 70.00 From $20,001.00 to $30,000.00 $ 80.00 From $30,001.00 to $40,000.00 $ 90.00 From $40,001.00 to $50,000.00 $ 100.00 From $50,001.00 to $75,000.00 $ 120.00 From $75,001.00 to $100,000.00 $ 150.00 Each additional $100,000.00 or fraction thereof $ 100.00 First $1 million $1,000.00 Each additional $100,000.00 or fraction thereof $ 100.00 • Where the gross value of an estate has been underestimated on the Petition for Letters, a bill for Addition Probate Fees will be rendered for the balance due.
• Additional Probate Fees will be due and payable within thirty (30) days from the date of the billing statement. 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.
RENUNCIATIONS—per signature $ 5.00 SHORT CERTIFICATES—each $ 5.00 CODICIL $ 20.00 LETTERS (Administration DBN & DBN CTA) $ 40.00 PETITIONS (i.e. Petition to Compel Administration) $ 25.00 Citations—each $ 20.00 Certified Mail—each $ 10.00 ANCILLARY LETTERS (Follow regular estate fee schedule based on PA assets only.) AFFIDAVIT OF DEATH $ 10.00 AMENDMENT TO PROBATE Within 3 months from date of probate (Petition to the Register of Wills) $ 30.00 After 3 months from date of probate (Petition to Orphans' Court) APPEAL FROM REGISTER (Filed in Orphans' Court) AUTOMATION FEE $ 10.00 To be charged on all first filings requiring JCS/ATJ fee BOND $ 20.00 CAVEAT (filing and entering) + Bond $ 25.00 CERTIFICATION OF RECORD (w/cover sheet & gold seal) $ 10.00 + per page certified $ 3.00 CERTIFICATION OF INHERITANCE TAX PAID Issuing Certificate to another county $ 20.00 Filing from another county $ 10.00 CITATIONS—each $ 20.00 Certified Mail—each $ 10.00 CLAIMS AGAINST ESTATE (filed in Orphans' Court) Copy filed with Register of Wills $ 10.00 COMMISSION TO ADMINISTER OATH $ 25.00 DISCLAIMER OF BENEFICIAL INTEREST (filed in Orphans' Court) ELECTION TO TAKE AGAINST WILL (filed in Orphans' Court) EXEMPLIFICATION—ISSUING & FILING $ 30.00 + per page $ 3.00 FAMILY SETTLEMENT AGREEMENT $ 50.00 FINAL ACCOUNT (filed in Orphans' Court) INVENTORY $ 20.00 INHERITANCE TAX RETURN $ 20.00 MISCELLANEOUS FILINGS $ 10.00 PRAECIPE OF APPEARANCE $ 10.00 PRAECIPE OF WITHDRAWAL $ 10.00 RECEIPT AND RELEASE per legatee $ 10.00 REGISTER'S HEARINGS $ 50.00 (If Court Reporter is requested, it's at Attorney's expense.) Citations—each $ 20.00 Certified Mail—each $ 10.00 RESEARCH FEE Per name—per record searched $ 5.00 + per page copied $ .50 Screen shots and docket entries—per page $ 1.00 By mail—postage and handling $ 2.00 RETURNED CHECKS Re-processing fee $ 30.00 + original amount (Cashier's checks only) SMALL ESTATES AFFIDAVIT $ 25.00 STIPULATION $ 25.00 SUPOENA $ 10.00 WAIVER $ 10.00 NOTE: If a fee is not specifically listed, the Register of Wills shall make the same charge as that imposed for other services of a similar nature.
[Pa.B. Doc. No. 10-632. Filed for public inspection April 9, 2010, 9:00 a.m.]
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