Carroll County Probate Court

SCHEDULE OF COSTS

NOTE: Please see :"Notes,Explanations and Examples" at the end of the Schedule for information regarding certain ADDITIONAL fees.

GEORGIA COUNCIL OF PROBATE COURT JUDGES
Code Section 15-9-60	Type of Proceeding, Pleading, Document, Service or Action	GPCSF No., if applicable	Cost (Initial Filing)	Cost (Subs.Filing)	"Full Service Fee"
Decedent's Estates

(e), (1)-(4)	Petition for Temporary Letters of Administration	GPCSF 2	$90.00	$75.00	*
	Petition for Letters of Administration	GPCSF 3	$90.00	$75.00	*
	Petition to Probate Will in Common Form	GPCSF 4	$90.00	$75.00	*
	Petition to Probate Will in Solemn Form	GPCSF 5	$90.00	$75.00	*
	Petition for Order Declaring No Administration Necessary	GPCSF 9	$90.00	$75.00	*
	Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed	GPCSF 7	$90.00	$75.00	*
	Petition for Year's Support	GPCSF 10	$90.00	$75.00	*
	Petition for Presumption of Death of Missing Individual Believed to be Dead	GPCSF 18	$90.00	$75.00	*
	Any proceeding for ancillary administration by a foreign personal representative		$90.00		*
	Any other proceeding by which the jurisdiction of the court is first invoked in an estate		$90.00		*

(e), (5)	Petition for Letters of Administration with Will Annexed (Will Previously Probated)	GPCSF 8		$50.00	*
	Petition of Personal Representative for Leave to Sell Property	GPCSF 13		$50.00	*
	Petition for Leave to Sell Perishable Property	GPCSF 15		$50.00	*
	Petition for Leave to Sell or Encumber Property Previously Set Aside as Year's Support	GPCSF 17		$50.00	*
	Petition by Administrator for Waiver of Bond and/or Grant of Certain Powers	GPCSF 32		$50.00	*
	Petition for Discharge	GPCSF 33		$50.00	*
	Petition for Approval of Division in Kind			$50.00	*
	Petition to Determine Heirs			$50.00	*
	Petition for Direction under Will			$50.00	*
	Petition of Personal Representative to Compromise a Disputed Claim or Debt			$50.00	*
	Petition by or against personal representative for an accounting or final settlement			$50.00	*
	Petition to Resign as Personal Representative and for Appointment of a Successor			$50.00	*
	Petition to Remove a Personal Representative and for Appointment of a Successor			$50.00	*
	Citation against a personal representative for failure to make returns or for alleged mismanagement of estate			$50.00	*
	Caveat, objection or other responsive pleading filed by person to whom notice or citation issued			$50.00	*
	Petition or Motion to intervene as Interested Party			$50.00	*
	Any other petition, application, motion or other pleading in an estate for which no cost is set			$50.00	*

(e), (6)	Petition to Change Accounting Period	GPCSF 48		$25.00	*
	Petition to Enter Safe-Deposit Box			$25.00	*
	Petition/Motion for Attorney's Fees			$25.00	*
	Petition/Motion for Extra Compensation			$25.00	*
	Inventory, Appraisement, or Annual, Intermediate or Final Return			$25.00	*

(e), (7)	Notice of Claim or Claim of Creditor			$10.00	*
	Declination to Serve as Personal Representative			$10.00	*
	Renunciation of Right of Succession			$10.00	*
*Minor Guardianships*

(f), (1)	Petition for Temporary letters of Guardianship of the person of Minor	GPCSF 28	$60.00		*
	Petition for Letters of Guardianship of Minor by Person Other Than Natural Guardian	GPCSF 29	$60.00		*
	Petition for Letters of Guardianship of Property of Minor, by Natural Guardian, with Bond - Personal Property over $5,000	GPCSF 30	$60.00		*
	Petition for order that Natural Guardian Not be Required to Become Legally Qualified Guardian of the Property	GPCSF 31	$60.00		*
	Application of Guardian for Letters of Dismission	GPCSF 34	$60.00		*
	Any other proceeding by which the jurisdiction of the court is first invoked with regard to the person and/or property of a minor		$60.00		*

(f), (2)	Petition of Guardian for Leave to Sell	GPCSF 14		$50.00	*
	Petition to Compromise Doubtful Claim of Minor	GPCSF 19		$50.00	*
	Petition to Change Accounting Period			$25.00	*
	Inventory, Appraisement, or Annual, Intermediate or Final Return			$25.00	*
	Petition or motion for attorney's fees			$50.00	*
	Petition to Terminate Temporary Guardianship of Minor			$25.00	*
	Any other petition, application, motion or other pleading filed regarding an existing guardianship of a minor			$25.00	*
Adult Guardianships

(g), (1)	Petition for the Appointment of an Emergency Guardian for an Incapacitated Adult	GPCSF 11	$150.00		*
	Petition for the Appointment of an Emergency and Permanent Guardian for an Incapacitated Adult	GPCSF 51	$150.00		*
	Petition for the Appointment of a Guardian for an Incapacitated Adult	GPCSF 12	$150.00		*
	Any other proceeding by which the jurisdiction of the probate court is first invoked with regard to an adult alleged to be incapacitated		$150.00		*

(g), (2)	Petition of Guardian for Leave to Sell			$50.00	*
	Petition to Compromise Doubtful Claim			$50.00	*
	Petition for Leave to Encroach on Corpus			$25.00	*
	Petition to Change Accounting Period			$25.00	*
	Inventory, Appraisement, or Annual, Intermediate or Final Return			$25.00	*
	Petition or motion for attorney's fees			$50.00	*
	Petition to Terminate or Modify Temporary Guardianship of Incapacitated Adult			$50.00	*
	Application of Guardian for Letters of Dismission			$60.00	*
	Any other petition, application, motion or pleading filed regarding an existing guardianship of an adult			$50.00	*
Other Actions

(f)	In matters involving Sterilization, Involuntary Treatment, Habilitation or Temporary Placement, through entry of final order		$75.00		*
(i)	Hearings in contested matters, per half day		$25.00
	Initial hearings in adult guardianship or matters involving sterilization, involuntary treatment, habilitation or involuntary placement		No Fee
	Hearing in any uncontested matter		No Fee
(j)	Custodial Accounts		8% of fund
(k) (i)-(vii)	Application for Writ of Habeas Corpus		$75.00
	Petition to Establish lost papers		$50.00
	Petition for or declaration of		$25.00
	Petition to Change Birth Certificate		$60.00
	All other services rendered by the judge or clerk through the entry of the final order, for any application or petition by which the jurisdiction of probate court is invoked and no other cost is set forth		$50.00		*
	Issuance of all other orders, including a Rule Nisi, in any matter for which the costs already set forth do not include all services rendered by judge or clerk			$25.00
	Motions, Amendments or other pleadings in any matter for which the costs do not include all services rendered by judge or clerk and no other cost is set forth			$10.00
Miscellaneous

(k)	For processing appeals to superior court		$25.00	$25.00
(ix)-(xxx)	For issuance of writ of fieri facias		$10.00	$10.00
	For issuance of permit to discharge explosives		$25.00	$25.00
	For issuance of permit to discharge fireworks		$25.00	$25.00
	Application for firearms license		$15.00	$15.00
	For issuance of a replacement firearms license		$5.00	$5.00
	Application for Marriage License		$10.00	$10.00
	For the safekeeping of a will		$10.00	$10.00
	For issuance of a veteran's license		No Fee	No Fee
	For issuance of a peddler's license		$10.00	$10.00
	For issuance of a certificate of residency		$10.00	$10.00
	Registration of a junk dealer		$10.00	$10.00
	Certification of publication of application for insurance company charter		$10.00	$10.00
	Recording of Marks and Brands, each		$10.00	$10.00
	Exemplification		$10.00	$10.00
	Certification under seal of copies		$5.00	$5.00
	Certified copies of Letters of personal representative, temporary administrator or guardian, each		$5.00	$5.00
	For issuance of a subpoena, each		$5.00	$5.00
	For filing and recording of oath or bond of any official, officer or employee of any municipality or authority within the county, each		$5.00	$5.00
	For filing and recording of oath or bond of county official or officer		No Fee	No Fee
	For examination of records or files by employee of the probate court to provide abstract of information contained therein or to provide copies therefrom, per estate or name		$5.00	$5.00
	Recording, per page		$2.00	$2.00
	Copies, per page		$0.25	$0.25

NOTES, EXPLANATIONS AND EXAMPLES

1. All sums the court is required to collect under Code Sections 15-23-7 (ADR fees), 15-9-60.1 (Children’s Trust Fund fees), 36-15-9 (Law Library fees) ,15-21A-6 (Indigent Defense Fees), and any other sums required by law to be collected as add-ons or additions to court costs are in addition to the above sums. See Code Section 15-9-60(b).

2. The costs above are exclusive of costs for service of process, fees for publication of citation or notice, and any additional sums as may be provided by law. See Code Section 15-9-60(b). The cost of certified or registered mail or statutory overnight delivery, when used to serve notice, is a cost of service of process. Likewise, the cost of first-class postage for notices sent in a Petition for Letters of Administration or a Petition for Year’s Support is a cost of service of process. These charges may be added to the court costs if not paid directly by the petitioner.

3. If the court collects the fees for guardians-ad-litem, court-appointed attorneys, or court- appointed evaluators, those fees would be in addition to the court costs; otherwise, such fees are payable directly to the person providing the service.

4. “Full service fees” (in proceedings marked with an *) are intended to cover all services rendered by the judge or clerk from the filing of the petition through the entry of the final order on that proceeding. In other words, there would be no additional court costs assessed for the issuance of the order for service or citation, an order appointing a guardian-ad-litem, an order appointing a special agent for service of process, an order for continuance, an order to perfect service, the final order on the proceeding, issuance of necessary letters, or any other standard and routine orders entered in connection with the proceeding for which a “full service fee” is prescribed. The issuance of original letters would be included in a “full service fee”; certified copies of letters and pleadings, etc. are not included and would be charged for as requested in each individual case. It is not anticipated that the issuance of subpoenas would occur as a routine matter, especially in uncontested cases; therefore the costs for subpoenas, if requested, would be in addition to other costs.

5. Except where specifically provided, recording charges are in addition to the other court costs. For uncontested cases, this should be the only factor causing a difference in the court costs for similar proceedings. For example, the costs for probating a six page will (including the self-proving affidavit) with a five page petition and letters, twelve pages in all, is $114.00 [$90 initial filing fee, plus $24 recording charges.] On the other hand, the costs for probating a ten page will, a nine page petition (with several pages of acknowledgments) and letters would be $134.00 [$90 initial filing fee, plus $40 recording charges.] The base fee is the same in each case; the difference lies only in the recording charges.

6. In effect, the new Code Section includes a new case fee of $15.00 by setting the costs $15.00 higher for the “initial filing” in a decedent’s estate. This recognizes that very often there are subsequent filings of proceedings regarding an estate of a decedent. The additional fee is to help defray the costs of creating the initial estate file and indexing the estate and all of the supplies in connection therewith. Subsequent filings with regard to the same decedent would then be filed to the same case number and physical file at costs less than the initial costs. For example, the initial filing may be a petition to probate in common form, for which the $90.00 court cost applies; thereafter, a petition to probate in solemn form and/or a petition for year’s support might be filed in regard to the same estate, and the court cost for either of those would be $75.00. Similarly, if the initial filing was a petition for year’s support ($90.00), a subsequent petition to probate a will or for letters of administration would incur costs of $75.00. In other words, when the jurisdiction of the court is first invoked in a decedent’s estate, the filing fee is $90.00. The exceptions are a Petition to Establish a Custodial Account for Missing Heir, a petition to enter a safe-deposit box, or any other proceeding for which a different specific cost is provided (e.g., a claim of a creditor or a renunciation, if accepted before a formal estate file is created).

7. No cost or fee is to be charged for receiving and considering affidavits for orders to apprehend or for the issuance of the order in mental illness and substance abuse cases. Similarly, no cost or fee is to be charged for a petition for an order to apprehend or for the issuance of the order in mandated outpatient treatment cases. See Code Section 15-9-60(h).

8. It was the intent of the committee that no fee be charged for filing personal status reports in adult guardianship cases, but this was left out of the drafted bill. We will seek to correct that next year, but we encourage all courts to accept PSRs without costs. There are several other “no fee” provisions in the schedule.