(a) Miscellaneous court fees are established as follows:
(1) Dissolutions of incorporation $25.00 (2) Articles of incorporation 25.00 (3) Amendments to articles of incorporation 25.00 (4) Filing last will and testament for safekeeping 5.00 (5) Authentication certificate 5.00 (6) Certify and seal document 5.00 (7) Marriage license 30.00 (8) Certified copy of marriage license 5.00 (9) Underage marriages — Petition and order 10.00 (10) Small estates 25.00 (11) Assumed names 25.00 (12) Limited partnerships 25.00 (13) Alcoholics and insane persons 25.00 (14) Clerk's tax deed 5.00 (15) Recording doctors' and nurses' credentials 5.00 (16) Recording ministers' credentials 5.00 (17) Filing affidavit of claim against an estate 5.00 (18) Filing power of attorney 10.00 (19) Filing and recording all accounts and settlements 50.00 (20) Certified copies of all letters 5.00 (21) Issuing subpoena or summons 5.00 (22) Putting up advertisement of settlement of executors, administrators, and guardians 5.00 (23) Preparing notices of settlements to be published in paper each month 5.00 (24) Filing exceptions 5.00.
(b) With respect to probate matters, this section applies to circuit clerks and any county clerk who serves as ex officio clerk of the probate division of the circuit court.
(c) Any fee not specifically provided for in subsection (a) of this section shall be set by the circuit court if it is a probate matter or by the county judge if it is a county court matter.
(d) The fee provisions provided for in subsection (a) of this section shall be in lieu of any or all fees now established by law.
(e)
(1)
(A) Fees collected under this section shall be paid into the county treasury to the credit of the fund to be known as the “county clerk's cost fund”.
(B) With the exception of those funds referred to in subdivision (e)(2) of this section, all funds deposited into the county clerk's cost fund are general revenues of the county and may be used for any legitimate county purpose.
(2)
(A) At least thirty-five percent (35%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated records system.
(B) The acquisition and update of software for the automated records system shall be a permitted use of these funds.
(C) Funds set aside for automation may be allowed to accumulate from year to year or at the discretion of the clerk may be transferred to the county general fund by a budgeted appropriated transfer.
(3)
(A)
(i) In those counties having combined offices of circuit clerk and county clerk, the clerk shall elect to use the automation fund authorized by this section or the automation fund allowed by the county recorder's cost fund, § 21-6-306.
(ii) In those counties having combined offices of county clerk and recorder, the clerk shall elect to use the automation fund authorized by this section or the automation fund allowed by the county recorder's cost fund, § 21-6-306.
(B) The clerk's election shall be made in writing and filed in the office of the circuit clerk.
(C) Under no circumstances shall the clerk be allowed to use both the automation fund as authorized by § 21-6-306 and the county clerk's cost fund as authorized in this subchapter, except for the revenue generated under § 16-20-407(b).
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