(a) A recording fee of two dollars ($2) shall be collected by the judge of probate for each real property instrument and each personal property instrument filed for record in the office of the judge of probate. The county commission may, upon the adoption of a resolution, levy a recording fee upon any other type of instrument or document filed for record in the office of the judge of probate. This fee shall be collected by the judge of probate. No instrument subject to a fee imposed by this section shall be recorded in the office of the judge of probate unless the recording fee is paid. The recording fee shall be in addition to all other fees, taxes, or charges required by law. All recording fees collected shall be deposited into the county treasury to the credit of the office of the judge of probate to be expended by the judge of probate at his or her discretion for the improvement of the equipment and operations of the office, travel expenses related to probate office business, salary supplements for employees of the office, and commercial advertising costs of informing the public regarding the operation of the office.
(b) This section shall be supplemental to Section 12-19-90, and any other statutes prescribing recording fees for documents filed in the office of the judge of probate.
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