reglab/housing_qa huggingface dataset:
SC Code § 62-3-719 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-719. Compensation of personal representative.

 (a) Unless otherwise approved by the court for extraordinary services, a personal representative shall receive for his care in the execution of his duties a sum from the probate estate funds not to exceed five percent of the appraised value of the personal property of the probate estate plus the sales proceeds of real property of the probate estate received on sales directed or authorized by will or by proper court order, except upon sales to the personal representative as purchaser. The minimum commission payable is fifty dollars, regardless of the value of the personal property of the estate.  (b) Additionally, a personal representative may receive not more than five percent of the income earned by the probate estate in which he acts as fiduciary. No such additional commission is payable by an estate if the probate judge determines that a personal representative has acted unreasonably in the accomplishment of the assigned duties, or that unreasonable delay has been encountered.  (c) The provisions of this section do not apply in a case where there is a contract providing for the compensation to be paid for such services, or where the will otherwise directs, or where the personal representative qualified to act before June 28, 1984.  (d) A personal representative also may renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.  (e) If more than one personal representative is serving an estate, the court in its discretion shall apportion the compensation among the personal representatives, but the total compensation for all personal representatives of an estate must not exceed the maximum compensation allowable under subsections (a) and (b) for an estate with a sole personal representative.  (f) For purposes of this section, "probate estate" means the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy. This subsection is intended to be declaratory of the law and governs the compensation of personal representatives currently serving and personal representatives serving at a later time.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 50; 1997 Act No. 152, Section 16; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-720 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-720. Expenses in estate litigation.

 If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not, he is entitled to receive from the estate his necessary expenses and disbursements including reasonable attorneys' fees incurred.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-721 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-721. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.

 (a) After notice to all interested persons, on petition of an interested person or on appropriate motion if administration is under Part 5 [Sections 62-3-501 et seq.], the propriety of employment of any person by a personal representative including any attorney, auditor, investment advisor, or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the personal representative for his own services, may be reviewed by the court. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.  (b) Upon the settlement of their accounts by personal representatives the court shall allow each appraiser appointed by the court a reasonable daily fee for each day spent on appraising the property of the estate and also mileage at the same rate that members of state boards, commissions, and committees receive for each mile actually traveled in going to and from the place where the property ordered to be appraised is situated. In determining the reasonableness of the fee to each appraiser the court shall consider the value of the estate, the actual time consumed by the appraisers in the performance of their duties, and other such circumstances and conditions surrounding the appraisal as the court deems appropriate.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-801 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-801. Notice to creditors.

 (a) Unless notice has already been given under this section, a personal representative upon his appointment must publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing his appointment and address and notifying creditors of the estate to present their claims within eight months after the date of the first publication of the notice or be forever barred.  (b) A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present his claim within one year of the decedent's death, or within sixty days from the mailing or other delivery of such notice, whichever is earlier, or be forever barred. Written notice is the notice described in (a) above or a similar notice.  (c) The personal representative is not liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section.  (d) Notwithstanding subsections (a) and (b), notice to creditors under this section is not required if a personal representative is not appointed to administer the decedent's estate during the one year period following the death of the decedent.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 31; 1990 Act No. 521, Section 51; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment, in subsection (a), substituted "must publish" for "shall publish"; in subsection (b), substituted "within one year of the decedent's death" for "within eight months from of the published notice as provided in (a) above,", and substituted "whichever is earlier" for "whichever is later"; and added subsection (d), relating to when notice is not required.
SC Code § 62-3-802 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-802. Statutes of limitations.

 (a) Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid.  (b) The running of any statute of limitations measured from some other event than death or the giving of notice to creditors is suspended during the eight months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow.  (c) For purposes of any statute of limitations, the proper presentation of a claim under Section 62-3-804 is equivalent to commencement of a proceeding on the claim.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 32; 1990 Act No. 521, Section 52; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-803 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-803. Limitations on presentation of claims.

 (a) All claims against a decedent's estate which arose before the death of the decedent, including claims of the State and any political subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by another statute of limitations or nonclaim statute; are barred against the estate, the personal representative, the decedent's heirs and devisees, and nonprobate transferees of the decedent; unless presented within the earlier of the following:  (1) one year after the decedent's death; or  (2) the time provided by Section 62-3-801(b) for creditors who are given actual notice, and within the time provided in Section 62-3-801(a) for all creditors barred by publication.  (b) A claim described in subsection (a) which is barred by the nonclaim statute of the decedent's domicile before the giving of notice to creditors in this State is barred in this State.  (c) All claims against a decedent's estate which arise at or after the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows:  (1) a claim based on a contract with the personal representative within eight months after performance by the personal representative is due; or  (2) any other claim, within the later of eight months after it arises, or the time specified in subsection (a)(1).  (d) Nothing in this section shall be construed as placing a limitation on the time for:  (1) commencing a proceeding to enforce a mortgage, pledge, lien, or other security interest upon property of the estate;  (2) to the limits of the insurance protection only, commencing a proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance; or  (3) collecting compensation for services rendered to the estate or reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 33; 1990 Act No. 521, Section 53; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment rewrote the section.
SC Code § 62-3-805 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-805. Classification of claims.

 (a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:  (1) costs and expenses of administration, including attorney's fees, and reasonable funeral expenses;  (2) debts and taxes with preference under federal law;  (3) reasonable and necessary medical expenses, hospital expenses, and personal care expenses of the last illness of the decedent, including compensation of persons attending the decedent prior to death;  (4) debts and taxes with preference under other laws of this State, in the order of their priority, including medical assistance paid under Title XIX State Plan for Medical Assistance as provided for in Section 43-7-460;  (5) all other claims.  (b) Except as is provided under subsection (a)(4), no preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.  (c) Any person advancing or lending money to a decedent's estate for the payment of a specific claim shall, to the extent of the loan, have the same priority for payment as the claimant paid with the proceeds of the loan.  HISTORY: 1986 Act No. 539, Section 1; 1994 Act No. 481, Section 8; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment rewrote the section.
SC Code § 62-3-807 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-807. Payment of claims.

 (a) Prior to the closing of the estate and no later than fourteen months after the decedent's death, the personal representative must proceed to pay the claims allowed against the estate in the order of priority prescribed, and after making provision for the homestead, for exempt property under Section 62-2-401, for claims already presented which have not been allowed or whose disallowance is the subject of a legal proceeding, or the time to file such a proceeding has not expired, and for unbarred claims which may yet be presented, including costs and expenses of administration. Upon application of the personal representative and for good cause shown, the probate court may extend the time for payment of creditor claims.  (b) Upon the expiration of the applicable time limitation provided in Section 62-3-803 for the presentation of claims, any claimant whose claim has been allowed, or partially allowed, under Section 62-3-806 may petition the probate court, or file an appropriate motion if the administration is under Part 5, for an order directing the personal representative to pay the claim, to the extent allowed, and to the extent assets of the estate are available for payment without impairing the ability of the personal representative to fulfill the other obligations of the decedent's estate.  (c) The personal representative at any time may pay any just claim which has not been barred, with or without formal presentation, but he is personally liable to any other claimant whose claim is allowed and who is injured by such payment if:  (1) the payment was made before the expiration of the time limit set forth in Section 62-3-803 for the presentation of a claim, and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or  (2) the payment was made, due to the negligence or wilful fault of the personal representative, in such manner as to deprive the injured claimant of his priority.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 38; 1990 Act No. 521, Section 54; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment rewrote the section.
SC Code § 62-3-808 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-808. Individual liability of personal representative.

 (a) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity or identify the estate in the contract.  (b) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.  (c) Claims based on contracts entered into by a personal representative in his fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in his fiduciary capacity, whether or not the personal representative is individually liable therefor.  (d) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification or other appropriate proceeding.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-809 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-809. Secured claims.

 Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; otherwise, payment is upon the basis of one of the following:  (1) if the creditor exhausts his security before receiving payment, upon the amount of the claim allowed less the fair market value of the security as agreed by the parties, or as determined by the court; or  (2) if the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise, or litigation.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-810 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-810. Claims not due; contingent or unliquidated claims.

 (a) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class.  (b) In other cases the personal representative or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows:  (1) if the claimant consents, he may be paid the present or agreed value of the claim, taking any uncertainty into account;  (2) arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage or other security interest, obtaining a bond or security from a distributee, or otherwise.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-811 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-811. Counterclaims.

 In allowing a claim, the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate, a court shall reduce the amount allowed by the amount of any counterclaims allowed and, if such counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-812 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-812. Execution and levies prohibited.

 No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges, liens, or other security interests upon real or personal property in an appropriate proceeding.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-813 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-813. Compromise of claims.

 When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-814 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-814. Encumbered assets.

 If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part thereof, renew, or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be for the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-815 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-815. Administration in more than one state; duty of personal representative.

 (a) All assets of estates being administered in this State are subject to all claims, allowances, and charges existing or established against the personal representative wherever appointed.  (b) If the estate either in this State or as a whole is insufficient to cover all family exemptions and allowances determined by the law of the decedent's domicile, prior charges and claims, after satisfaction of the exemptions, allowances, and charges, each claimant whose claim has been allowed either in this State or elsewhere in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of his claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this State, the creditor so benefited is to receive dividends from local assets only upon the balance of his claim after deducting the amount of the benefit.  (c) In case the family exemptions and allowances, prior charges, and claims of the entire estate exceed the total value of the portions of the estate being administered separately and this State is not the state of the decedent's last domicile, the claims allowed in this State shall be paid their proportion if local assets are adequate for the purpose, and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this State the amount to which they are entitled, local assets shall be marshaled so that each claim allowed in this State is paid its proportion as far as possible, after taking into account all dividends on claims allowed in this State from assets in other jurisdictions.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.