This section sets civil filing fees for certain probate, guardianship, and mental health cases, and requires the county treasurer to distribute those fees among listed funds and accounts.
Sec. 135.102. LOCAL CIVIL FEE FOR PROBATE, GUARDIANSHIP, AND MENTAL HEALTH CASES IN STATUTORY COUNTY COURT, STATUTORY PROBATE COURT, OR COUNTY COURT. (a) A person shall pay in a statutory county court, statutory probate court, or county court in addition to all other fees and court costs a fee of: (1) $223 on filing any probate, guardianship, or mental health case; and (2) $75 on any action other than an original action for a case subject to Subdivision (1), including an adverse probate action, contest, or suit in a probate court, other than the filing of a claim against an estate, in which the movant or applicant filing the intervention pleading seeks any affirmative relief. (b) The county treasurer shall allocate the fees received under Subsection (a)(1) to the following accounts and funds so that each receives to the extent practicable, utilizing historical data as applicable, the same amount of money the account or fund would have received if the fees for the accounts and funds had been collected and reported separately, except that the account or fund may not receive less than the following percentages: (1) the appellate judicial system fund 2.2422 percent; (2) the court facility fee fund 8.9686 percent; (3) the clerk of the court account 17.9372 percent; (4) the clerks records management and preservation account 6.7265 percent; (5) the court reporter service fund 11.2108 percent; (6) the county law library fund 15.6951 percent; (7) the courthouse security fund 8.9686 percent; (8) the language access fund 1.3453 percent; (9) the county jury fund 4.4841 percent; (10) the county dispute resolution fund 6.7265 percent; (11) the court-initiated guardianship fund 8.9686 percent; (12) the judicial education and support fund 2.2422 percent; and (13) the public probate administrator fund 4.4843 percent. (c) The county treasurer shall allocate the fees received under Subsection (a)(2) to the following accounts and funds so that each receives to the extent practicable, utilizing historical data as applicable, the same amount of money the account or fund would have received if the fees for the accounts and funds had been collected and reported separately, except that the account or fund may not receive less than the following percentages: (1) the clerk of the court account 53.3333 percent; (2) the clerks records management and preservation account 6.6667 percent; (3) the court-initiated guardianship fund 26.6667 percent; and (4) the public probate administrator fund 13.3333 percent. Added by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 1.03, eff. January 1, 2022. Amended by: Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 24, eff. January 1, 2024.