October 21, 2005, 14:22
julie renkenNew fees under HB11
Has anyone else been asked about the new fee for the "support of the judiciary" under HB 11. My clerk wants to know if the additional $37.00 can be added to probate cases. All it says is "civil suits". Everywhere else that fees are discussed it seems to separate "civil court actions" from "proabte court actions". Any ideas! I think it can not be used for probate.
October 24, 2005, 09:34
Scott BrumleyAs you note, where the legislature has intended to differentiate between "civil court actions" and "probate court actions," it has done so. At a fundamental level, costs in probate actions are the same as in "ordinary civil cases" unless specifically provided otherwise in the Probate Code. Tex. Prob. Code sec. 12(a). A quick look-see doesn't reveal any exempting provision, so my initial conclusion would be that the new cost applies in probate cases just as in any other "civil suit."
November 18, 2005, 10:35
mike bartleyThe state paying court costs to itself?