eLaws of Florida

  SECTION 28.2401. Service charges and filing fees in probate matters.  


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  • 1(1) 2Except when otherwise provided, the clerk may impose service charges or filing fees for the following services or filings, not to exceed the following amounts:
    27(a) 28Fee for the opening of any estate of one document or more, including, but not limited to, petitions and orders to approve settlement of minor’s claims; to open a safe-deposit box; to enter rooms and places; for the determination of heirs, if not formal administration; and for a foreign guardian to manage property of a nonresident; but not to include issuance of letters or order of summary administration96..........97$230
    98(b) 99Charge for caveat102..........103$40
    104(c) 105Fee for petition and order to admit foreign wills, authenticated copies, exemplified copies, or transcript to record122..........123$230
    124(d) 125Fee for disposition of personal property without
    132administration133..........134$230
    135(e) 136Fee for summary administration140-141estates valued at $1,000 or more148..........149$340
    150(f) 151Fee for summary administration155-156estates valued at less than $1,000163..........164$230
    165(g) 166Fee for formal administration, guardianship, ancillary, curatorship, or conservatorship proceedings176..........177$395
    178(h) 179Fee for guardianship proceedings of person only186..........187$230
    188(i) 189Fee for veterans’ guardianship pursuant to chapter 744197..........198$230
    199(j) 200Charge for exemplified certificates204..........205$7
    206(k) 207Fee for petition for determination of incompetency214..........215$230

    216The clerk shall remit $115 of each filing fee collected under paragraphs (a), (c)-(i), and (k) to the Department of Revenue for deposit into the State Courts Revenue Trust Fund and shall remit $15 of each filing fee collected under paragraphs (a), (c), (d), (f), (h), (i), and (k), $1 of each filing fee collected under paragraph (j), $5 of each filing fee collected under paragraph (b), $25 of each filing fee collected under paragraph (e), and $30 of each filing fee collected under paragraph (g) to the Department of Revenue for deposit into the General Revenue Fund.

    314(2) 315Upon application by the clerk and a showing of extraordinary circumstances, the service charges or filing fees set forth in this section may be increased in an individual matter by order of the circuit court before which the matter is pending, to more adequately compensate for the services performed or filings made.
    367(3) 368An additional service charge of $4 on petitions seeking summary administration, formal administration, ancillary administration, guardianship, curatorship, and conservatorship shall be paid to the clerk. The clerk shall transfer $3.50 to the Department of Revenue for deposit into the Court Education Trust Fund and shall transfer 50 cents to the Department of Revenue for deposit into the Department of Financial Services’ Administrative Trust Fund to fund clerk education. No additional fees, charges, or costs shall be added to the service charges or filing fees imposed under this section, except as authorized by general law.
    462(4) 463Recording shall be required for all petitions opening and closing an estate; petitions regarding real estate; and orders, letters, bonds, oaths, wills, proofs of wills, returns, and such other papers as the judge shall deem advisable to record or that shall be required to be recorded under the Florida Probate Code.
History.-s. 5, ch. 1981, 1874; s. 2, ch. 3888, 1889; RS 1592, 1596; GS 2056, 2060; RGS 3347, 3351; CGL 5200, 5204; s. 1, ch. 19174, 1939; CGL 1940 Supp. 2877(115); s. 1, ch. 21960, 1943; s. 1, ch. 28152, 1953; s. 1, ch. 65-430; s. 1, ch. 72-397; s. 16, ch. 73-333; s. 2, ch. 77-284; s. 2, ch. 78-367; s. 13, ch. 79-400; s. 25, ch. 81-259; s. 3, ch. 87-145; s. 5, ch. 91-152; s. 1, ch. 93-268; s. 2, ch. 96-209; s. 5, ch. 2001-122; s. 29, ch. 2003-402; s. 2, ch. 2004-5; s. 17, ch. 2004-265; s. 7, ch. 2008-111; s. 4, ch. 2009-61; s. 7, ch. 2019-58.

Note

Note.-Former s. 36.17.

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Cited by Court Cases:

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