§ 21-6-413 - Probate and county matters -- Miscellaneous court fees.
21-6-413. Probate and county matters -- Miscellaneous court fees.
(a) Miscellaneous court fees are established as follows:
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(b) With respect to probate matters, this section applies to circuit clerks and any county clerk who serves as ex officio clerk of the probate division of the circuit court.
(c) Any fee not specifically provided for in subsection (a) of this section shall be set by the circuit court if it is a probate matter or by the county judge if it is a county court matter.
(d) The fee provisions provided for in subsection (a) of this section shall be in lieu of any or all fees now established by law.
(e) (1) (A) Fees collected under this section shall be paid into the county treasury to the credit of the fund to be known as the "county clerk's cost fund".
(B) With the exception of those funds referred to in subdivision (e)(2) of this section, all funds deposited into the county clerk's cost fund are general revenues of the county and may be used for any legitimate county purpose.
(2) (A) At least thirty-five percent (35%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated records system.
(B) The acquisition and update of software for the automated records system shall be a permitted use of these funds.
(C) Funds set aside for automation may be allowed to accumulate from year to year or at the discretion of the clerk may be transferred to the county general fund by a budgeted appropriated transfer.
(3) (A) (i) In those counties having combined offices of circuit clerk and county clerk, the clerk shall elect to use the automation fund authorized by this section or the automation fund allowed by the county recorder's cost fund, 21-6-306.
(ii) In those counties having combined offices of county clerk and recorder, the clerk shall elect to use the automation fund authorized by this section or the automation fund allowed by the county recorder's cost fund, 21-6-306.
(B) The clerk's election shall be made in writing and filed in the office of the circuit clerk.
(C) Under no circumstances shall the clerk be allowed to use both the automation fund as authorized by 21-6-306 and the county clerk's cost fund as authorized in this subchapter, except for the revenue generated under 16-20-407(b).