HB161 By Representative Pringle RFD Judiciary Rd 1 05-MAR-15

SYNOPSIS: Under existing law, fees in probate court are payable at the termination of suit.

This bill, at the discretion of the court, would provide for the payment of court costs at the time that a petition, motion, and other pleading is filed. The bill would allow the court to order the payment of a security deposit to cover expected costs.

A BILL TO BE ENTITLED AN ACT

To amend Section 12-19-43, Code of Alabama 1975, relating to the probate court; to provide for the payment of court costs at the discretion of the court at the time that petitions, motions, and other pleadings are filed; and to provide for the payment of security deposits as ordered by the court to cover expected costs.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 12-19-43, Code of Alabama 1975, is amended to read as follows:

§12-19-43.

"(a) Except as otherwise provided by local act or general act with local application, fees Fees allowed by law for services in connection with proceedings before probate judges shall be due only, at the discretion of the court, may be collected at the time a pleading is filed in probate court or at the termination of the suit, except that fees. Fees for transcripts of papers filed in the case, other than copies of cost or fee bills, to which parties are entitled as of course, shall be due when the service is performed, and no fee, except for final record, shall be demanded or received in any case unless the service has been performed.

"(b) In cases where appropriate, the court may order that security deposits be deposited into the probate court to cover expected court costs. Any unused security deposits shall be returned to the person who made the deposit."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Judge, Probate

Court, Probate

Court Costs

Code Amended