(a) [Deleted by 2021 amendment.]
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Terms Used In Tennessee Code 8-21-409

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Probate: Proving a will
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: means the state of Tennessee. See Tennessee Code 8-34-101
  • Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) The clerks of the various courts of the state administering estates, guardianships, conservatorships and other probate matters are entitled to demand and shall receive for their services the following fees:

(1) For filing petition, entering order, recording bond and issuing original letters of administration in intestacy cases, sixty dollars ($60.00);
(2) For filing petition to probate will and entering order, without issuing letters testamentary, forty-eight dollars ($48.00);
(3) For filing petition to probate will of three (3) pages or less in length, entering order, issuing original letters testamentary when bond is waived, recording will, sixty-six dollars ($66.00);
(4)

(A) For filing petition to probate will of more than three (3) pages in length, entering order, issuing original letters testamentary when bond is waived, recording will, sixty-six dollars ($66.00);
(B) Plus for each additional page of will in excess of three (3) pages, one dollar ($1.00);
(5) For filing petition to probate will of three (3) pages or less in length, entering order, issuing original letters testamentary or original letters of administration c.t.a., recording bond, seventy-two dollars ($72.00);
(6)

(A) For filing petition to probate will of more than three (3) pages in length, entering order, issuing original letters testamentary or original letters of administration c.t.a., recording bond, seventy-two dollars ($72.00);
(B) Plus for each additional page of will in excess of three (3) pages, one dollar ($1.00);
(7) For forwarding by mail the notice to the commissioner required by § 67-8-406(a), six dollars ($6.00);
(8) For giving notice to creditors of the qualification of a personal representative, as required by § 30-2-306(a), four dollars ($4.00);
(9) For each notice of claim against estate given as required by § 30-2-314, four dollars ($4.00);
(10) For filing petition for letters of guardianship, issuing process and cost bond, entering order, and issuing original certificate of guardianship, not including fee of the sheriff, sixty dollars ($60.00);
(11) For filing petition for removal of disabilities of minority, and entering order, thirty dollars ($30.00);
(12) For filing petition for removal of disabilities of insanity, filing affidavits and entering order, thirty dollars ($30.00);
(13) For filing petition for allowing year‘s support to spouses and entering all orders and reports, thirty dollars ($30.00);
(14) For filing petition to legitimate person, entering order, issuing certificates to be forwarded to the Tennessee office of vital records, maximum, sixty dollars ($60.00);
(15) For filing petition for change of name, and entering order, maximum, sixty dollars ($60.00);
(16) For filing inventory and recording same in inventory record book, ten dollars ($10.00);
(17) For entering each order not otherwise provided for, twelve dollars, ($12.00);
(18) For filing petition for habeas corpus, filing cost bond, issuing process, and entering order, not including fee of the sheriff, sixty dollars ($60.00);
(19)

(A) For filing and recording annual settlement of guardians, conservators, administrators and executors and entering order approving settlement only, thirty dollars ($30.00);
(B) Plus for each additional page in excess of three (3) pages, one dollar ($1.00);
(20)

(A) For filing and recording final settlement of guardians, conservators, administrators and executors and entering order approving settlement only, thirty-six dollars ($36.00);
(B) Plus for each additional page in excess of three (3) pages, one dollar ($1.00);
(21) For filing petition under the mental health law, compiled in title 33, issuing notices of hearing, entering returns, and entering judgments after hearing, not including fees of sheriff, fifty dollars ($50.00);
(22) For entering order increasing bonds of guardians, conservators, executors and administrators and recording bond, twenty-two dollars, ($22.00);
(23) For issuing each additional copy of letters of administration, testamentary, guardianships and conservatorships, six dollars ($6.00);
(24) For each certificate issued, except under acts of congress, four dollars ($4.00);
(25) For each certificate issued under acts of congress, six dollars ($6.00);
(26) For issuing supplemental certificate showing letters to be in force, six dollars ($6.00);
(27) For making certified copies of documents, per page, two dollars ($2.00), plus for certificate, two dollars ($2.00);
(28) For making photocopies of documents, per page, one dollar ($1.00);
(29) For filing exceptions to claims against estates, mailing notices and entering orders, forty-two dollars ($42.00);
(30) For filing petition for delayed or corrected birth certificate, and entering order, thirty-six dollars ($36.00);
(31)

(A) For filing and docketing claims against decedent‘s estate, each claim, five dollars ($5.00);
(B) For filing release of each claim, two dollars ($2.00);
(32) For filing and docketing petition and order not otherwise provided for, thirty dollars ($30.00);
(33) For issuing summons, subpoenas, citations, writs and notices, including copies of process when required by law, eleven dollars ($11.00);
(34)

(A) For filing small estate affidavits, including certifying to one (1) copy, thirty dollars ($30.00);
(B) Each additional copy, two dollars ($2.00);
(35) For filing petition and cost bond in causes involving sale of real estate, eighteen dollars ($18.00);
(36) For filing each answer in causes described in this subsection (b), seven dollars ($7.00);
(37) For filing each report in causes described in this subsection (b), seven dollars ($7.00);
(38) For issuing summons and return in causes described in this subsection (b), including copy of process, eleven dollars ($11.00);
(39) For entering orders pro confesso in causes described in this subsection (b), seven dollars ($7.00);
(40) For issuing and entering order of publication in causes described in this subsection (b), seven dollars ($7.00);
(41) For filing each amended petition in causes described in this subsection (b), ten dollars ($10.00);
(42) For entering order appointing guardian ad litem in causes described in this subsection (b), twelve dollars ($12.00);
(43) For entering final order in each of the causes described in this subsection (b), twelve dollars ($12.00);
(44) Commissions on funds paid into court on confirmation of private sales or other funds paid into the clerk pursuant to court order, and receiving, collecting and paying out the proceeds, a maximum commission of two percent (2%); and
(45) For selling property under decree of court and receiving, collecting, and paying out the proceeds, a commission not to exceed five percent (5%) on the amount of sales up to six thousand dollars ($6,000), and an additional amount to be fixed within such limits, in the discretion of the court.
(c)Indigent Parties. No clerk shall be permitted to collect any fee authorized by this section without permitting any person the opportunity to institute a cause of action by means of a pauper’s oath in accordance with Rule 29 of the Rules of the Tennessee Supreme Court.
(d) In each new case filed, the clerk may, at the clerk’s option, charge an additional fee for data entry in the amount of four dollars ($4.00). Notwithstanding any provision of this subsection (d) to the contrary, any fees increased by this subsection (d) that are assessed against the state or that otherwise represent a cost to the state in criminal cases, child support actions, mental health proceedings, actions under the Tennessee Adult Protection Act, compiled in title 71, chapter 6, part 1, actions with regard to child care licensing, and collection efforts brought by the department of human services, shall be limited to the amounts chargeable prior to July 1, 2012.
(e) Fee for entering each continuance, five dollars ($5.00).
(f) Investments.

(1) The clerks of the various courts have the authority to invest idle funds held under their control, not otherwise invested. Such investments shall be in banks or savings and loan associations operating under the laws of the state or under the laws of the United States; provided, that such deposits are insured under the federal deposit insurance corporation. Such investments shall not exceed the amounts that are federally insured, unless otherwise fully collateralized under a written collateral agreement, or unless the funds are deposited with an institution that is a member of the state collateral pool. The interest on such investments shall become part of the fees of the court clerk, and the clerk shall be required to account for interest received, the same as with other fees received. Any funds authorized to be invested may be invested by the clerk in the local government investment pool administered by the state treasurer.
(2) Nothing in this section shall be construed to relieve the clerks of courts from the responsibility of investing funds held under their control pursuant to court order or under the rules of court. The interest on those investments shall accrue to the benefit of those directed by the court or by agreement of the parties to the litigation.
(3) For investing funds, the clerk shall receive a fee of five percent (5%) of the earnings of such investment.
(g)

(1) In delinquent property tax cases, the clerks of the courts shall receive a fee for basic services, to be specified by order of the courts, against each delinquent upon the filing of the complaint. Additionally, the clerk shall receive for other services the statutory fees allowed the clerks under existing laws.
(2) For annually providing to the county trustee the list of delinquent taxpayers mandated by § 67-5-2403, the clerk shall receive a fee of five dollars ($5.00) for each property listed for each year, which shall be added to all the fees and costs in such suits.
(h)Fees for Electronic Filing and Retrieval of Court Documents.

(1) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule and is in compliance with technological standards established by the supreme court, clerks may assess a transaction fee for each filing submitted by a party to the case. The transaction fee is limited to a maximum of five dollars ($5.00) per filing up to a maximum of fifty dollars ($50.00) per case. As an alternative to a transaction fee, clerks may assess an annual subscription fee for each registered user of the electronic filing system. The subscription fee must permit the registered user unlimited electronic filing for a one-year period. The one-year period must be defined by the clerk and consistently maintained for all registered users of the electronic filing system. The annual subscription fee cannot exceed three hundred dollars ($300) for each annual period. Each of these fees must be set in an amount necessary to defray the expenses associated with implementation and maintenance of the electronic filing and document retrieval system and must be included in the local court rule authorizing the electronic filing and document retrieval system. Pursuant to subsection (d), these fees are not assessed against the state.
(2) Pursuant to subsection (c), neither the transaction fee nor the subscription fee shall be assessed to a party declared indigent or to that indigent party’s legal representative.
(3) In any court where electronic filing, signing, or verification of papers has been authorized by local court rule, the state and any department or contractor of the state are not required to file documents electronically, notwithstanding any local court rule.
(4) Neither the electronic filing transaction fee nor the subscription fee shall limit a clerk’s statutory authority to charge subscription fees or transaction fees for obtaining copies of documents maintained by the clerk as part of an electronic filing system of a separate document management system.
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