CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
Roger Poitras Clerk Circuit Court Fort Pierce QUESTIONS: 1. Is the $5 service charge required by s. 28.2401 (1)(a), F. S. 1977, for the deposit of a will of a decedent with the court, to be credited to and deducted from the other service charges for summary or formal administration required by other paragraphs of s. 28.2401 (1), F. S. 1977? 2. Does the $10 service charge for disposition of personal property without administration fixed by s. 28.2401 (1)(e), F....
...dditional charge of $10 be exacted for each such letter or other writing required to be issued when, for example, the assets are not congregated in one institution or location? 3. When a service charge for a formal administration has been paid under s. 28.2401 (1)(h) or (i), F. S., and an inventory subsequently filed reveals assets in excess of those amounts upon which the charges for formal administration were based and fixed by paragraph (h) or paragraph (i) of s. 28.2401 (1), F....
...S., and this greater inventory value falls into a higher scheduled charge category, should the difference in the prescribed charges between the lower estate valuation and the higher estate valuation be charged and collected? The $10 service charge required by s. 28.2401 (1)(e), F....
...e charge was initially paid and such greater value falls into a higher scheduled charge category, requires that the difference between the two scheduled chrges fixed by the statute be charged and collected. SUMMARY: The $5 service charge required by s. 28.2401 (1)(a), F....
...as to its credit to or deduction from other service charges for summary or formal administrations of estates has become moot. AS TO QUESTION 1: Your question is apparently prompted by the enactment of s. 2, Ch. 77-284 , Laws of Florida, codified as s. 28.2401 (1)(a), F....
...77-284 , the will's custodian was not statutorily charged for this initial deposit of the will since he did not necessarily have any real interest in opening an estate. See AGO 072-414. Effective October 1, 1978, s. 2, Ch. 78-367 , Laws of Florida, repealed s. 28.2401 (1)(a), F....
...S., as amended by Ch. 77-284 , the statutory requirement for the service charge for the deposit of a will. Therefore, any question regarding its credit to or deduction from other service charges for summary or formal administrations required by other paragraphs of s. 28.2401 (1) has become moot. AS TO QUESTION 2: Section 28.2401 (1)(e), F....
...that this $10 service charge is to be based upon the number of such letters of other writings that are issued by the court pursuant to s.
735.301 (2), F. S., the $10 service charge is the total charge which may be made for such services pursuant to s.
28.2401 (1)(e), F. S. AS TO QUESTION 3: Section
28.2401 (1)(h), (i), and (j), F....
...ry, should your office charge and collect the prescribed charges on the higher inventory value, or the difference between the charges initially paid and the charges that would have been due on the increased inventory value. These three paragraphs of s. 28.2401 (1) took their present form from s. 2, Ch. 77-284 , Laws of Florida. Prior to this amendment, s. 28.2401 , F....
...f]ormal administration, guardianship, ancillary, curatorship, or conservatorship, proceedings.' It is, therefore, my conclusion that if an inventory filed subsequent to the payment of the service charges required by paragraph (h) or paragraph (i) of s. 28.2401 (1), F....
