reglab/housing_qa huggingface dataset:
SC Code § 62-3-403 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-403. Notice of hearing on petition.

 (a) Upon commencement of a formal testacy proceeding or at any time after that, the court shall fix a time and place of hearing. Notice must be given in the manner prescribed by Section 62-1-401 by the petitioner to the persons herein enumerated and to any additional person who has filed a demand for notice under Section 62-3-204. The following persons must be properly served with summons and petition: the surviving spouse, children, and other heirs of the decedent (regardless of whether the decedent died intestate and determined as if the decedent died intestate), the devisees, and personal representatives named in any will that is being, or has been, probated, or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated, or offered for informal or formal probate elsewhere, and any personal representative of the decedent whose appointment has not been terminated.  (b) If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the summons, petition, and notice of the hearing on the petition shall be sent by registered mail to the alleged decedent at his last known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any or all of the following methods:  (1) by inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent;  (2) by notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent;  (3) by engaging the services of an investigator.  The costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 39; 2010 Act No. 244, Section 9, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-404 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-404. Written objections to probate.

 Any party to a formal proceeding who opposes the probate of a will for any reason shall state in his pleadings his objections to probate of the will.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-405 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-405. Uncontested cases; hearings and proof.

 If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of Section 62-3-409 have been met or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit (including an affidavit of self-proof executed in compliance with Section 62-2-503) or testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 21; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-406 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-406. Testimony of attesting witnesses.

 In a contested case in which the proper execution of a will is at issue:  (1) if the will is self-proved pursuant to Section 62-2-503, the will satisfies the requirements for execution, subject to rebuttal, without the testimony of any attesting witness, upon filing the will and the acknowledgment and affidavits annexed or attached to it;  (2) if the will is notarized pursuant to Section 62-2-503(c), but not self-proved, there is a rebuttable presumption that the will satisfies the requirements for execution upon filing the will;  (3) if the will is witnessed pursuant to Section 62-2-502, but not notarized or self-proved, the testimony of at least one of the attesting witnesses is required to establish proper execution if the witness is within this State, competent, and able to testify. Proper execution may be established by other evidence, including an affidavit of an attesting witness. An attestation clause that is signed by the attesting witnesses raises a rebuttable presumption that the events recited in the clause occurred.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 22; 1988 Act No. 659, Section 16; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment rewrote the section.
SC Code § 62-3-407 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-407. Burdens in contested cases.

 In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases and, if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing undue influence, fraud, duress, mistake, revocation, or lack of testamentary intent or capacity. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. If a will is opposed by the petition for probate of a later will revoking the former, it must be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it must be determined first whether the will is entitled to probate.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 23; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-408 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-408. Effect of final order in another jurisdiction.

 A final order of a court of another state determining testacy, or the validity or construction of a will made in a proceeding involving notice to and an opportunity for contest by all interested persons, must be accepted as determinative by the courts of this State if it includes, or is based upon, a finding that the decedent was domiciled at his death in the state where the order was made.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-409 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-409. Order; foreign will.

 Upon proof of service of the summons and petition, and after any hearing and notice that may be necessary, if the court finds that the testator is dead, venue is proper, and that the proceeding was commenced within the limitation prescribed by Section 62-3-108, it shall determine the decedent's domicile at death, his heirs (regardless of whether the decedent died intestate and determined as if the decedent died intestate), and his state of testacy. Any will found to be valid and unrevoked must be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by Section 62-3-612. The petition must be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a place which does not provide for probate of a will after death may be proved for probate in this State by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will is not ineligible for probate under the law of the other place.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 40; 2010 Act No. 244, Section 10, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-410 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-410. Probate of more than one instrument.

 (A) If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument.  (B) After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of Section 62-3-412.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment inserted the subsection designators.
SC Code § 62-3-411 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-411. Partial intestacy.

 If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-413 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-413. Vacation of order for other cause.

 For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-414 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-414. Formal proceedings concerning appointment of personal representative.

 (a) A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as a personal representative, or of one who previously has been appointed a personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by Section 62-3-402, as well as by this section. In other cases, the petition shall contain or adopt the statements required by Section 62-3-301(a)(1) and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.  (b) After service of the summons and petition to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative and any person having or claiming priority for appointment as a personal representative, the court shall determine who is entitled to appointment under Section 62-3-203, make a proper appointment, and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under Section 62-3-611.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 11, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-501 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-501. Nature of proceeding.

 Administration under Part 5 [Sections 62-3-501 et seq.] is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A personal representative under Part 5 [Sections 62-3-501 et seq.] is responsible to the court, as well as to the interested persons, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in this part, or as otherwise ordered by the court, a personal representative under Part 5 [Sections 62-3-501 et seq.] has the same duties and powers as a personal representative who is not subject to administration under Part 5 [Sections 62-3-501 et seq.].  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment substituted "interested persons" for "interested parties" in the second sentence.
SC Code § 62-3-502 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-502. Petition; order.

 A petition for administration under Part 5 [Sections 62-3-501 et seq.] may be filed by any interested person or by a personal representative at any time, a prayer for administration under Part 5 [Sections 62-3-501 et seq.] may be joined with a petition in a testacy or appointment proceeding, or the court may order administration under Part 5 [Sections 62-3-501 et seq.] on its own motion. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for administration under Part 5 [Sections 62-3-501 et seq.] shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for administration under Part 5 [Sections 62-3-501 et seq.], even though the request for administration under Part 5 [Sections 62-3-501 et seq.] may be denied. After service of the summons and petition and upon notice to interested persons, the court shall order administration under Part 5 [Sections 62-3-501 et seq.] of a decedent's estate: (1) if the decedent's will directs administration under Part 5 [Sections 62-3-501 et seq.], it shall be ordered unless the court finds that circumstances bearing on the need for administration under Part 5 [Sections 62-3-501 et seq.] have changed since the execution of the will and that there is no necessity for administration under Part 5 [Sections 62-3-501 et seq.]; (2) if the decedent's will directs no administration under Part 5 [Sections 62-3-501 et seq.], then administration shall be ordered only upon a finding that it is necessary for protection of persons interested in the estate; or (3) in other cases if the court finds that administration under Part 5 [Sections 62-3-501 et seq.] is necessary under the circumstances.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 12, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-503 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-503. Effect on other proceedings.

 (a) The pendency of a proceeding for administration under Part 5 [Sections 62-3-501 et seq.] of a decedent's estate stays action on any informal application then pending or thereafter filed.  (b) If a will has been previously probated in informal proceedings, the effect of the filing of a petition for administration under Part 5 [Sections 62-3-501 et seq.] is as provided for formal testacy proceedings by Section 62-3-401.  (c) After service of the summons and petition upon the personal representative and notice of the filing of a petition for administration under Part 5 [Sections 62-3-501 et seq.], a personal representative who has been appointed previously shall not exercise his power to distribute any estate. The filing of the petition does not affect his other powers and duties unless the court restricts the exercise of any of them pending full hearing on the petition.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 13, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-504 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-504. Powers of personal representative.

 Unless restricted by the court, a personal representative under Part 5 [Sections 62-3-501 et seq.] has, without interim orders approving exercise of a power, all powers of personal representatives under this Code, but he shall not exercise his power to make any distribution of the estate without prior order of the court. Any other restriction on the power of a personal representative which may be ordered by the court must be endorsed on his letters of appointment and any court certification thereof, and unless so endorsed is ineffective as to persons dealing in good faith with the personal representative.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-505 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-505. Interim orders; distribution and closing orders.

 Unless otherwise ordered by the court, administration under Part 5 [Sections 62-3-501 et seq.] is terminated by order in accordance with time restrictions, notices, and contents of orders prescribed for proceedings under Section 62-3-1001. Interim orders approving or directing partial distributions or granting other relief may be issued by the court at any time during the pendency of an administration under Part 5 [Sections 62-3-501 et seq.] on the application of the personal representative or any interested person.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-601 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-601. Qualification.

 Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-602 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-602. Acceptance of appointment; consent to jurisdiction.

 By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed to him by ordinary first class mail at his address as listed in the application or petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-603 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-603. Bond not required without court order; exceptions; waiver of bond requirement.

 (A) Except as may be required pursuant to Section 62-3-605 or upon the appointment of a special administrator, a personal representative is not required to file a bond if:  (1) all heirs and devisees agree to waive the bond requirement;  (2) the personal representative is the sole heir or devisee;  (3) the personal representative is a state agency, bank, or trust company, unless the will expressly requires a bond; or  (4) the personal representative is named in the will, unless the will expressly requires a bond.  If, pursuant to Section 62-3-203(a), the court appoints as personal representative a nominee of a personal representative named in a will, the court may in its discretion decide not to require bond.  (B) Where a bond is required of the personal representative or administrator of an estate by law or by the will, it may be waived under the following conditions:  (1) the personal representative or administrator by affidavit at the time of applying for appointment as such certifies to the court that the gross value of the estate will be less than twenty thousand dollars, that the assets of the probate estate are sufficient to pay all claims against the estate, and that the personal representative or administrator agrees to be personally liable to any beneficiary or other person having an interest in the estate for any negligence or intentional misconduct in the performance of his duties as personal representative or administrator; and  (2) all known beneficiaries and other persons having an interest in the estate execute a written statement on a form prescribed by the court that they agree to the bond being waived. This form must be filed with the court simultaneously with the affidavit required by item (1) above. A creditor for purposes of this item (2) is not considered a person having an interest in the estate.  The provisions of this subsection (B) are supplemental and in addition to any other provisions of law permitting the waiving or reducing of a bond. Any bond required by Section 62-3-605 may not be waived under the provisions of this section.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 24; 1988 Act No. 659, Section 17; 1989 Act No. 53, Section 1; 1990 Act No. 521, Section 42; 1994 Act No. 470, Section 1; 1997 Act No. 152, Section 13; 2013 Act No. 100, Section 1, eff January 1, 2014.