AGENDA DATE: 10/4/2017
TITLE:
Title
Implementation of $25.00 Will Probate Fee
BODY
SUBJECT/PROPOSAL/REQUEST: Public hearing to consider an ordinance amendment to impose a will probate fee in the amount of $25.00
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Walker, Kamptner, Blair, Zug
PRESENTER (S): John Blair
LEGAL REVIEW: Yes
REVIEWED BY: Douglas C. Walker
BACKGROUND: The 2010 session of the General Assembly enacted Virginia Code § 58.1-1717.1 and amended Virginia Code §§ 58.1-1718 and 58.1-3805 to authorize localities to charge a $25.00 fee for the recordation of a list of heirs or an affidavit listing the real estate owned by an intestate decedent. This fee is assessed unless a will has been probated for the decedent or there has been a grant of administration for the decedent’s estate.
STRATEGIC PLAN: Quality Government Operations: Ensure County government’s ability to provide high quality services that achieves community priorities.
DISCUSSION: Pursuant to Virginia Code § 58.1-3806 and current County Code § 15-501, the fee would be collected by the Clerk of the Circuit Court and remitted to the County’s Director of Finance, and it would be used to fund the maintenance, repair, and purchase of recording devices for the Circuit Court Clerk’s Office upon appropriation of those funds by the Board.
BUDGET IMPACT: Jon Zug, Clerk of the Albemarle County Circuit Court, estimates that the collection of this fee would generate an average of approximately $625.00 - $750.00 in revenue each year.
RECOMMENDATION:
Recommendation
Staff recommends that, after the public hearing, the Board adopt the attached proposed ordinance (Attachment A).
ATTACHMENTS:
A - Proposed Ordinance