CHAPTER 229

AN ACT TO AMEND CHAPTER 25, TITLE 12 OF THE DELAWARE CODE RELATING TO FEES AND TAXES TO BE CHARGED BY THE REGISTERS OF WILLS IN NEW CASTLE COUNTY, KENT COUNTY AND SUSSEX COUNTY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 25, Title 12 of the Delaware Code is amended by repealing and striking out all of Sections 2521, 2522 and 2523 and inserting in lieu thereof the following:

Section 2521. The charges of the Registers of Wills in New Castle County, Kent County and Sussex County, for the specified services, shall be as follows—

For filing petition for granting letters of administration

or testamentary $ 1.00

For granting letters of administration under seal, taking

bond and making registry thereof, if the estate is

under $100.00 1.25

Over $100.00 and less than $500.00 2.00

Over $500.00 and less than $1,000.00 3.00

Over $1,000.00 and less than $5,000.00 5.00

Over $5,000.00 and less than $10,000.00 8.00

Over $10,000.00 and less than $20,000.00 12.00

Over $20,000.00 and less than $50,000.00 15.00

Over $50,000.00 and less than $75,000.00 20.00

Over $75,000.00 and less than $100,000.00 25.00

Each additional $100,000.00 over the first $100,000.00 10.00

Taking and registering probate of will 2.00

For granting letters testamentary under seal, same as for letters of administration under seal, same as for letters of administration

Copy of will annexed to letters testamentary 1.00

(per page)

Entering renunciation 1.00

Making and registering order for advertising letters of

administration or testamentary 2.00

Hand bills 2.00

Filing inventory, and making registry of such filing and

of appraised value of goods and chattels therein 1.00

For recording and indexing accounts 2.00

For adjusting, settling and certifying accounts, one per cent of the

amount of net personal estate (disregarding all disbursements made,

or to be made, for legacies, bequests or distributive shares due to

legatees, heirs-at-law, or persons otherwise entitled) not in excess of

$2,000,000.00, plus $10.00 for each additional $ 100,000.00 of

net personal estate in excess of $2,000,000.00 10.00

Entering caveat 1.00

Issuing citation 1.00

Issuing subpoena to give evidence, all witnesses named before the

issuing of the subpoena to be named there in .50

Issuing an attachment 1.00

Entering sentence or decree upon the actual litigation of

a cause 1.00

Filing petition or application for revoking letters of ad

ministration or testamentary 1.00

For sitting in trial of cause, per day 5.00

For recording release, acquittance or receipt 1.00

For acknowledging an acquittance, or any paper necessary to have

acknowledgment thereto .50

For recording will and probate, or any other writing

proper to be recorded, and not provided for in this section 1.00

(per page)

Affixing seal of office to any writing not hereinbefore mentioned,

and for which no other fee is allowed 1.00

Making search 1.00

Copy not before provided for 1.00

(per page)

Section 2. It is the intent and purpose of this Act to provide a uniform schedule of charges for the Registers of Wills throughout the State of Delaware. The above charges shall be considered to be taxes and shall not be restricted by any limitations applicable to fees.

Section 3. This Act shall become effective upon its approval by the Governor or enactment otherwise into law and shall apply to all charges by Registers of Wills made thereafter.

Approved November 6, 1961.