Ga. Code § 15-9-60

Current through 2023-2024 Legislative Session Chapter 709

Section 15-9-60 - [Effective 1/1/2025] Fees

(a) The judges or clerks of the probate courts of this state shall charge and collect the fees enumerated in this Code section.

(b) All sums that the probate courts may be required to collect pursuant to Code Sections 15-23-7, 15-9-60.1, and 36-15-9 and all other sums required by law shall be in addition to the fees provided for in this Code section. The fees in this Code section are in addition to any costs for service of process, fees for publication of citation or notice, or any other sums that may be required by law.

(c) The fees in this Code section shall be paid into the county treasury or otherwise remitted as provided by law.

(c.1)

(1) Fees, sums, or other remuneration for the performance of passport duties provided for under the laws of the United States or regulations promulgated pursuant to such laws, including, but not limited to, passport application or processing fees, shall be subject to the requirements and limitations of this subsection to the extent not otherwise required in such laws or regulations.

(2) The judge of the probate court shall disclose in a written report to the county governing authority on a quarterly basis the total amount of all passport application or processing fees, sums, or other remuneration received by the judge during the previous quarter.

(d) Unless a party files an affidavit of indigence stating that he or she is unable to pay fees due to indigence, all fees in this Code section shall be paid at the time of filing or when other specified services are rendered. In accordance with Code Section 15-9-61, a filing party may pay a $30.00 fee deposit before filing any item listed in subsection (e), (f), (g), or (h) of this Code section except that no deposit shall be paid if no fee is required.

(e) As used in this subsection, 'fiduciary compliance report' shall include all reporting as required by Code Sections 53-7-30 or 53-7-67. For each estate filing, as provided in Title 53, the filing fees shall be as follows:

(1) Petition................................................	$175.00
(2) Motion, response, request, citation, or caveat..................	75.00
(3) Fiduciary compliance report with assets......................	40.00
(4) Fiduciary compliance report with no assets....................	No fee

(f) As used in this subsection, 'fiduciary compliance report' shall include all reporting as required by Code Sections 29-3-30, 29-3-60, or 29-3-61. For each conservatorship of minor or guardianship of minor filing, as provided in Title 29, the filing fees shall be as follows:

(1) Petition, except petition to terminate guardianship of minor and
petition for temporary letters of guardianship of minor..............	$175.00
(2) Petition for temporary letters of guardianship of minor...........	125.00
(3) Motion, response, request, citation, or caveat..................	75.00
(4) Petition to terminate guardianship of minor...................	40.00
(5) Fiduciary compliance report with assets......................	40.00
(6) Fiduciary compliance report with no assets....................	No fee

(g) As used in this subsection, 'fiduciary compliance report' shall include all reporting as required by Code Sections 29-5-30, 29-5-60, or 29-5-61. For each conservatorship of adult or guardianship of adult filing, as provided in Title 29, the filing fees shall be as follows:

(1) Petition................................................	$175.00
(2) Motion, response, request, citation, or caveat..................	75.00
(3) Fiduciary compliance report with assets......................	40.00
(4) Fiduciary compliance report with no assets....................	No fee

(h) For each involuntary treatment, habilitation, temporary placement filing, or filing pursuant to Chapter 20 of Title 31, the filing fees shall be as follows:

(1) Petition................................................	$175.00
(2) Motion, response, request, citation, or caveat..................	75.00
(3) Petition in support, affidavit in support, or issuance of an order to apprehend................................................	No fee

(i) For each account accepted by the judge of the probate court as custodian for a minor, incapacitated adult, or missing or unknown heir or beneficiary, a one-time fee of 8 percent of the fund shall be deducted from the fund when such custodianship is accepted by the judge to pay to the county treasury.

(j) For all services rendered by the judge or clerk of the probate court in the exercise of concurrent jurisdiction pursuant to Code Section 15-9-127for which no cost is set forth in this Code section, the sums charged shall be the same as those charged for such services in the superior court pursuant to Code Section 15-6-77 or other applicable law.

(k) For each miscellaneous and administrative item, the fees shall be as follows:

(1) Issuance of veteran's license...............................	No fee
(2) Issuance of writ of fieri facias (fi. fa.).......................	No fee
(3) Copies (per page)........................................	$ 1.00
(4) Certificate of residence...................................	10.00
(5) Certified copy of letters (including copy cost).................	10.00
(6) Certification of publication for insurance company charter.......	10.00
(7) Certification under seal of copies (excluding copy cost)..........	10.00
(8) For filing a bond of official, officer, or employee of any:
(A) Municipality or authority within county....................	10.00
(B) For filing of bond of county official or officer...............	No fee
(9) 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).................................	10.00
(10) Junk dealer registration..................................	10.00
(11) Subpoena.............................................	10.00
(12) Application for weapons carry license (exclusive of fees charged by other agencies for the examination of criminal records and mental health records)...................................................	30.00
(13) Replacement of weapons carry license (lost, stolen, name change, or address change.............................................	6.00
(14) Personal identification cards to a judge or Supreme Court justice.......................	Fee shall be determined by Council of Probate Court Judges of Georgia pursuant to Code Section 15-25-3
(15) Marriage license with premarital education pursuant to Code Section 19-3-30.1...........................................	No Fee
(16) Marriage license without premarital education................	$40.00
(17) Marriage certificate.....................................	10.00
(18) Creditor's claim........................................	15.00
(19) Declination to serve of nominated personal representative.......	15.00
(20) Exemplification........................................	15.00
(21) Recording of marks and brands (each)......................	15.00
(22) Renunciation of right of succession.........................	15.00
(23) Will filed for safekeeping................................	15.00
(24) Petition for declaration of exemptions.......................	25.00
(25) Appeal to superior court (petition for review).................	30.00
(26) Preparation of record and transcript to the Supreme Court and Court of Appeals (per page)........................................	1.00
(27) For appeals to the Supreme Court or Court of Appeals, where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for filing and transmission of such transcript...........................................	35.00
(28) Petition to establish lost papers............................	50.00
(29) Fireworks application...................................	50.00
(30) Application for writ of habeas corpus.......................	75.00
(31) Petition for Authority to Open Safety Deposit Box.............	75.00
(32) Petition to amend marriage license application................	75.00
(33) Petition to amend vital record.............................	75.00
(34) Any other petition filed in the probate court other than those proceedings and actions set forth in Title 29 or Title 53 and not specifically set forth in subsections (e) through (k) of this Code section	75.00

OCGA § 15-9-60

Amended by 2024 Ga. Laws 603,§ 2, eff. 1/1/2025.

Amended by 2024 Ga. Laws 515,§ 1, eff. 1/1/2025, app. to fees paid in probate court on and after 1/1/2025.

Amended by 2021 Ga. Laws 307,§ 15, eff. 5/10/2021.

Amended by 2020 Ga. Laws 508,§ 2-17, eff. 1/1/2021.

Amended by 2016 Ga. Laws 379,§ 2, eff. 7/1/2016.

Amended by 2010 Ga. Laws 643,§ 2-3, eff. 6/4/2010.

Amended by 2010 Ga. Laws 360,§ 1-39, eff. 5/12/2010.

Amended by 2005 Ga. Laws 410,§ 1, eff. 7/1/2005.

Amended by 2002 Ga. Laws 462, § 15, eff. 4/18/2002.

Amended by 2002 Ga. Laws 876, § 1, eff. 7/1/2002.

Amended by 2001 Ga. Laws 296, §1, eff. 7/1/2001.

This section is set out more than once due to postponed, multiple, or conflicting amendments.