(a)(1) On and after October 1, 1981, a special recording fee of three dollars ($3) shall be paid to the county, and collected by its judge of probate, with respect to each real property instrument and each personal property instrument that may be filed for record in the office of the judge of probate and for the recording of other instruments and documents in the probate office in the discretion of the governing body of the county, and, on and after such date, no such instrument shall be received for record in the office of the judge of probate unless the special recording fee of three dollars ($3) is paid thereon. The special recording fee shall be in addition to all other fees, taxes, and other charges required by law to be paid upon the filing for record of any real property instrument or personal property instrument, and for the recording of other instruments and documents in the probate office in the discretion of the governing body of the county. All special recording fees so collected shall be deposited into the county treasury to the credit of the probate office to be expended by the judge of probate at his or her discretion for the improvement of the equipment and operations of the probate office, for supplements to the salaries of employees of the probate office, and for any type of commercial advertising relating to public information on probate affairs that are of interest to the general public.

(2) At the end of the first fiscal year after October 1, 1981, the chair of the county commission, the state representative, the state senator, and the judge of probate shall review the expenditure of such special recording fees and if a surplus exists such amount shall be deposited into the county general fund.

(b) Any provision of subsection (a) to the contrary notwithstanding, all fees, commissions, allowances, percentages, and other charges heretofore collected for the use of the judge of probate shall hereafter continue to be collected but shall be paid into the county general fund.