Private Acts of 1980 Chapter 250

SECTION 1. Chapter 86 of the Acts of the General Assembly of Tennessee of the year 1870, as amended by Chapter 223 of the Private Acts of 1959, and Chapter 236 of the Private Acts of 1967, establishing the Probate Court of Shelby County, Tennessee is hereby further amended by deleting the entire fee schedule as set forth therein and substituting in lieu thereof the following fee schedule for services the clerk of the said court shall be allowed to demand and receive fees therefore:

1. For filing petition, entering order, recording bond, issuing original letters of administration in intestacy cases, issuing notice to creditors and notifying Commissioner of Revenue - $30.00.
2. For filing petition for probate of will and entering order, without issuing letters testamentary - $25.00.
3. For filing petition to probate will of three (3) pages or less in length, entering order, issuing original letters testamentary when bond is waived, recording will, issuing notice to creditors and notifying Commissioner of Revenue - $40.00.
4. For filing petition to probate will of more than three (3) pages in length, entering order, issuing original letters testamentary when bond is waived, recording will, issuing notice to creditors and notifying the Commissioner of Revenue - $40.00, plus $1.00 for each additional page of will in excess of three (3) pages.
5. For filing petition to probate will of three (3) pages or less in length, entering order, issuing original letters testamentary or original letters of Administration C.T.A., recording bond, issuing notice to creditors and notifying Commissioner of Revenue - $45.00.
6. For filing petition to probate will of more than three (3) pages in length, entering order, issuing original letters testamentary or original letters of Administration C.T.A., recording bond, issuing notice to creditors and notifying Commissioner of Revenue - $45.00, plus $1.00 for each additional page of will in excess of three (3) pages.
7. For filing petition for letters of guardianship, issuing process and cost bond, entering order, and issuing original certificate of guardianship - $30.00, not including fee of $10.00 additional to the Sheriff.
8. For filing petition for removal of disabilities of minority, and entering order - $15.00.
9. For filing petition for removal of disabilities of insanity, filing affidavits and entering order -$15.00.
10. For filing petition for allowing years support to widows and entering all orders and reports -$15.00.
11. For filing petition to legitimate persons, entering order, issuing certificates to be forwarded to the Tennessee Department of Vital Statistics - $20.00.
12. For filing petition for change of name, and entering order - $20.00.
13. For filing inventory and recording same in Inventory Record Book - $5.00.
14. For entering each order not otherwise provided for - $6.00.
15. For filing petition for habeas corpus, filing cost bond, issuing process, and entering order - $30.00, not including fee of $10.00 to the Sheriff.
16. For filing and recording annual settlement of guardians, conservators, administrators and executors and entering order approving settlement only - $12.00.
17. For filing and recording final settlements of guardians, conservators, administrators and executors and entering order approving settlement only - $16.00.
18. For filing petition under the Mental Health Law, issuing notices of hearing, entering returns, and entering judgments after hearing - $40.00, not including fees of Sheriff.
19. For entering order increasing bonds of guardians, conservators, executors and administrators and recording bond - $12.00.
20. For issuing each additional copy of letters of administration, testamentary, guardianships, and conservatorships - $3.00.
21. For each certificate issued, except under Acts of Congress - $2.00.
22. For each certificate issued under Acts of Congress - $4.00.
23. For issuing supplemental certificate showing letters to be in force - $3.00.
24. For making certified copies of documents - $1.00 per page, plus $2.00 for certificate.
25. For filing exceptions to claims against estates, mailing notices and entering orders - $25.00.
26.  For filing petition for delayed or corrected birth certificate, and entering order - $20.00.
27. For filing and docketing claims against decedent's estate, each claim - $2.00, for filing release of each claim - $1.00.
28. For filing and docketing petition and order not otherwise provided for - $16.00.
29. For issuing summons, subpoenas, citations, writs and notices - $6.00.
30. For filing Small Estate Affidavits ( includes certifying to one copy) - $15.00, each additional copy $.50.
31. For filing petition and cost bond in causes involving sale of real estate - $10.00.
32. For filing each answer in such causes - $3.00.
33. For filing each report in such causes - $3.00.
34. For issuing summons and entering return in such causes - $6.00.
35. For entering orders pro confesso in such causes - $4.00.
36.  For issuing and entering order of publication in such causes - $4.00.
37. For filing each amended petition in such causes - $4.00.
38. For entering order appointing Guardian Ad Litem in such causes - $6.00.
39.  For entering final order in each of such causes - $6.00. (The clerk shall collect Sheriff's fee of $10.00 plus $10.00 for each additional defendant in proceeding to sell real estate).
40. Commissions of funds paid into court in causes involving sale of real estate twenty-one dollars and fifty cents ($21.50) on first one thousand dollars ($1,000), and one half of one percent (½%) on balance.
41. Commissions on proceeds of the sale of real estate when sale made by the clerk. Five percent (5%) on first six thousand dollars ($6,000) of sale price, plus one percent (1%) of the balance.

SECTION 2. This Act shall have no effect unless approved by a two-thirds (⅔) vote of the Board of County Commissioners of Shelby County not more than 120 days subsequent to its approval by the Chief Executive of this State or after its otherwise effective date. Its approval or nonapproval shall be proclaimed by the presiding officer of the Board of County Commissioners of Shelby County and shall be certified by him to the Secretary of State.  

SECTION 3. For the purpose of approving or rejecting the provisions of this Act, it shall be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall become effective upon being approved as provided in Section 2.

Passed: March 24, 1980.