The Washington herald., 1908-01-14
WOULD CHANGE FEES
Register Submits Bill TO
EQualize Probate Burdens.
GAILINGER INTRODUCES IT
Would Make Larger Estates Bear
PropOrtionate Part of Cost Of Main
tanning Registers Department of
District GOvernment-Gives Figures
Showing Injustice in system.

Senator Gallnger, as chairman of the
Senate Committee on the District OF Co
lumbia, yesterday introduced a bill pre-
pared by James Tanner, register of wills
and clerk of the District Probate Court,
intended to fix fees and costs In that
court and to relieve small estates from
paying an unreasonable proportion OF
the expenses of the registers Office.
The object of the bill Is to equal
ize the cost of proceedings in the admin
istration Of estates OF $1,000 and less, and
in a statement accompanying the BILL
Mr.. Tanner stated
Attorneys and others whose profes-
sional or business interests have brought
them into much contact with the Probate
Court of the District Of Columbia, have
long criticised the fees charged for ser
vices in some estates upon which ad-
ministration has been granted as, in theiI
opinion, excessive and unreasonable
while it Is apparent al a glance that
in other cases the fees are equally an
reasonable, on account Of the small sun
derived from the larger estates.
The register stated that 600 cases were
selected from his office files in such man
ner as 10 make the average obtained
therefore as accurate a representation
Of of the whole as possible.
shows Injustice of system.
"The total value Of the estates Of $4,000
or less. among these cases, aggregated
81 ,050.5I524 These estates paid in fees
to this office the sum of S9,795.02, which
amount was 1886 per cent of the tota
fees received from the COO cases. The
estates, numbering l55, amounting ir
value TO over $1,000 each, aggregated
$i3. 46,2l714 These estates paid the otheI
45.05 per cent of the total fees, or SS,02s6s
I'm other words. estates amounting tC
g. .S6 per cent Of the total value repre-
sented In these 600 cases paid only 4
per cent Of the fees. leaving the smaller
estates. whose values amounted 10 only
764 per cent OF the total, 10 bear tht
burden Of the other s. per cent of fees
There can be no question about the In
justice OF a system that will product
these figures; but they are obtained from
a general average. and by no meant
represent the inequality as to individua
estates
Small Estates Benr Burden.
The register cited six estates. valued
at from SS525 to $3.l57S3, in which tbs
fees were S3SS13; and six estates valued
at from s45,7S5 to sl,67S S2o@, in which
the fees collected were S22LS5.
1T will be seen from these figures.
the register states. that the plan o
taxation provided by the bin on a per
centage calculation upon the relative val
ues of estates, would relieve the smalle
estates from paying an unjust proportion
OF the court fees. without more serioush
affecting the larger estates than merely
to reverse the conditions quoted.
Under the registers plan the highes
percentage paid would be bat 2lz per cent
as against fees Of nearly 10 per cent il
some cases under the present system
and the lowest about One-fifth of 1 pc
cent
In summarizing the advantages OF tht
proposed plan the register say9:
1T relieves the smaller esta,es from
the necessity Of paying the fees Of tn
office TO an amount out Of all proportion
to the total values OF the property rep
resented; It enables the Office to receiv'
a proportionate amount Of revenue from
the larger special bond estates. which
relieved from the necessity Of complying
with the requirements OF the law in gen
eral bond cases, have a correspondingll
les amount OF proceedings in the Pro
bate Court. thus reducing the fees as il
a majority OF cases IN the past, TO from
$40 to S25: the burden OF maintaining tn
Office will be thrown more equitably from
the smaller estates upon the larger ones
as 1t should be- without doing injustic,
to the latter"