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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.
 
Posts: 47 | Location: Brenham, Texas | Registered: January 22, 2004Reply With QuoteReport This Post
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As 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."
 
Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001Reply With QuoteReport This Post
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The state paying court costs to itself?
 
Posts: 244 | Registered: November 02, 2001Reply With QuoteReport This Post
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