reglab/housing_qa huggingface dataset:
SC Code § 62-2-604 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-604. Failure of testamentary provision.

 (A) Except as provided in Section 62-2-603, if a devise other than a residuary devise fails for any reason it becomes a part of the residue.  (B) Except as provided in Section 62-2-603 if the residue is devised to two or more persons, the share of the residuary devisees that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment changed the subsection designators from lower case to upper case, and made other nonsubstantive changes.
SC Code § 62-2-605 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-605. Change in securities; accessions; nonademption.

 (A) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to:  (1) as much of the devised securities as is a part of the testator's estate at the time of the testator's death;  (2) any additional or other securities of the same organization owned by the testator by reason of action initiated by the organization or any successor, related or acquiring organization excluding any acquired by exercise of purchase options;  (3) securities of another organization owned by the testator as a result of a merger, consolidation, reorganization, or other similar action initiated by the organization or any successor, related or acquiring organization;  (4) any additional securities of the organization owned by the testator as a result of a plan of reinvestment in the organization.  (B) Distributions in cash declared prior to death with respect to a specifically devised security not provided for in subsection (A) are not part of the specific devise.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 26; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-606 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-606. Nonademption of specific devises in certain cases; unpaid proceeds of sale, condemnation, or insurance; sale by conservator.

 (a) A specific devisee has the right to the specifically devised property in the testator's estate at the testator's death and to:  (1) any balance of the purchase price (together with any mortgage or other security interest) owed by a purchaser to the testator at the testator's death by reason of sale of the property;  (2) any amount of a condemnation award for the taking of the property unpaid at the testator's death;  (3) any proceeds unpaid at the testator's death on fire or casualty insurance or on other recovery for injury to the property;  (4) any property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security for a specifically devised obligation.  (b) If specifically devised property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or a condemnation award or insurance proceeds or recovery for injury to the property is paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.  (c) The right of the specific devisee under subsection (b) is reduced by the value of any right he has under subsection (a).  (d) For purposes of references in subsection (b) to a conservator, subsection (b) does not apply if after the sale, mortgage, condemnation, casualty or recovery, it was adjudicated that the testator's disability ceased and the testator survived the adjudication for at least one year.  (e) For purposes of references in subsection (b) to an agent acting within the authority of a durable power of attorney for an incapacitated principal, (i) "incapacitated principal" means a principal who is an incapacitated person, (ii) no adjudication of incapacity before death is necessary, and (iii) the acts of an agent within the authority of a durable power of attorney are presumed to be for an incapacitated principal.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-607 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-607. Nonexoneration.

 A specific devise passes subject to any mortgage, pledge, security interest or other lien existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 27; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-608 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-608. Exercise of power of appointment.

 A general residuary clause in a will, or a will making general disposition of all of the testator's property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include the property subject to the power.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-609 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-609. Construction of generic terms to accord with relationships as defined for intestate succession.

 Half bloods, adopted persons, and persons born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession, but a person born out of wedlock is not treated as the child of the father unless the person is openly and notoriously so treated by the father.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-610 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-610. Ademption by satisfaction.

 (a) Property which a testator gave in the testator's lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if:  (i) the will provides for deduction of the lifetime gift;  (ii) the testator declared in a contemporaneous writing that the gift is to be deducted from the devise; or  (iii) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise.  (b) For purpose of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first.  (c) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying Sections 62-2-603 and 62-2-604, unless the testator's contemporaneous writing provides otherwise.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-611 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-611. Construction that devise passes fee simple.

 A devise of land is construed to pass an estate in fee simple, regardless of the absence of words of limitation in the devise.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-612 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-612. Proceeding to determine decedent's intent regarding application of certain federal tax formulas.

 The personal representative, trustee, or any affected beneficiary under a will, trust, or other instrument of a decedent who dies or did die after December 31, 2009, and before January 1, 2011, may bring a proceeding to determine the decedent's intent when the will, trust, or other instrument contains a formula that is based on the federal estate tax or generation-skipping tax.  HISTORY: 2010 Act No. 251, Section 1, eff June 11, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.  Editor's Note  2010 Act No. 251, Section 2, provides:  "This act takes effect upon approval by the Governor and applies with respect to decedents dying after December 31, 2009, and before January 1, 2011."  Effect of Amendment  The 2013 amendment deleted the former last sentence relating to when the proceeding must be commenced.
SC Code § 62-2-701 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-701. Contracts concerning succession.

 A contract to make a will or devise, or to revoke a will or devise, or not to revoke a will or devise, or to die intestate, if executed after the effective date of this act, can be established only by (1) provisions of a will of the decedent stating material provisions of the contract; (2) an express reference in a will of the decedent to a contract and extrinsic evidence proving the terms of the contract; or (3) a writing signed by the decedent evidencing the contract and extrinsic evidence proving the terms of the contract. The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 28; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-802 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-802. Effect of divorce, annulment, decree of separate maintenance, or order terminating marital property rights.

 (a) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separate maintenance that does not terminate the status of husband and wife is not a divorce for purposes of this section.  (b) For purposes of Parts 1, 2, 3, and 4 of Article 2 [Sections 62-2-101 et seq., 62-2-201 et seq., 62-2-301 et seq., and 62-2-401 et seq.] and of Section 62-3-203, a surviving spouse does not include:  (1) an individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this State, unless they subsequently participate in a marriage ceremony purporting to marry each to the other, or live together as husband and wife at the time of the decedent's death;  (2) an individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third person;  (3) an individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights or confirming equitable distribution between spouses unless they are living together as husband and wife at the time of the decedent's death; or  (4) an individual claiming to be a common law spouse who has not been established to be a common law spouse by an adjudication commenced before the death of the decedent or within the later of eight months after the death of the decedent or six months after the initial appointment of a personal representative; if the action is commenced after the death of the decedent, proof must be by clear and convincing evidence.  (c) A divorce or annulment is not final until signed by the court and filed in the office of the clerk of court.  HISTORY: 1986 Act No. 539, Section 1; 1997 Act No. 152, Section 9; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-804 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-804. Effect of provision for survivorship on succession to joint tenancy.

 When any individual is seized or possessed of any real property held in joint tenancy at the time of the individual's death, the joint tenancy is deemed to have been severed by the death of the joint tenant and the real property is distributable as a tenancy in common unless the instrument which creates the joint tenancy in real property, including any instrument in which one individual conveys to himself and one or more other persons, or two or more persons convey to themselves, or to themselves and another or others, expressly provides for a right of survivorship, in which case the severance does not occur. While other methods for the creation of a joint tenancy in real property may be utilized, an express provision for a right of survivorship is conclusively considered to have occurred if the will or instrument of conveyance contains the names of the devisees or grantees followed by the words "as joint tenants with right of survivorship and not as tenants in common".  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 14; 1996 Act No. 405, Section 1; 2000 Act No. 398, Section 3; 2010 Act No. 266, Section 1, eff June 24, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2010 amendment substituted "real property held in" for "estate of", substituted "real property" for "estate", twice inserted "in real property" and substituted "considered" for "deemed".  The 2013 amendment made nonsubstantive changes.
SC Code § 62-2-805 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-805. Presumption of ownership of tangible personal property; exceptions.

 (A) For purposes of this article, tangible personal property in the joint possession or control of the decedent and the surviving spouse at the time of the decedent's death is presumed to be owned by the decedent and the decedent's spouse in joint tenancy with right of survivorship if ownership is not evidenced otherwise by a certificate of title, bill of sale, or other writing. This presumption does not apply to property:  (1) acquired by either spouse before marriage;  (2) acquired by either spouse by gift or inheritance during the marriage;  (3) used by the decedent spouse in a trade or business in which the surviving spouse has no interest;  (4) held for another; or  (5) specifically devised in a will or devised in a written statement or list disposing of tangible personal property pursuant to Section 62-2-512.  (B) The presumption created in this section may be overcome by a preponderance of the evidence demonstrating that ownership was held other than in joint tenancy with right of survivorship.  HISTORY: 2010 Act No. 266, Section 2, eff June 24, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment in subsection (A)(5) inserted "specifically devised in a will or".
SC Code § 62-2-806 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-806. Modification to achieve testator's tax objectives.

 To achieve the testator's tax objectives, the personal representative or any interested person may file a summons and petition requesting the court, after notice and a hearing, to issue an order modifying the terms of a testator's will in a manner not contrary to the testator's probable intent. The court may provide that the modification has retroactive effect.  HISTORY: 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-2-901 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-901. Delivery of will to judge of probate; filing.

 (a) After the death of a testator, a person having custody of a will of the testator shall deliver such will, within thirty days of actual notice or knowledge of the testator's death to the judge of the probate court having jurisdiction to admit the same or to a person named as personal representative in the will who shall deliver the will to the judge of the probate court. Upon receipt of the will, the judge of probate shall file the same in probate court and if proceedings for the probate are not begun within thirty days the judge shall publish a notice of such delivery and filing in one of the newspapers in the county of the probate court for once a week for three consecutive weeks.  (b) Any person who intentionally or fraudulently destroys, suppresses, conceals, or fails to deliver the will to the judge of the probate court having jurisdiction to admit it to probate is liable to any person aggrieved for any damages that may be sustained by such action or inaction.  (c) Any person who intentionally or fraudulently destroys, suppresses, conceals, or fails to deliver the will to the judge of the probate court having jurisdiction to admit it to probate, after being ordered by the court in a proceeding brought for the purpose of compelling delivery, is subject to a penalty for contempt of court.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 15; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment rewrote the section.
SC Code § 62-2-1015 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1015. Application of part.

 (A) This part applies to a:  (1) fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this act;  (2) personal representative acting for a decedent who died before, on, or after the effective date of this act;  (3) conservatorship proceeding, commenced before, on, or after the effective date of this act; and  (4) trustee acting under a trust created before, on, or after the effective date of this act.  (B) This part applies to a custodian if the user resides in this State or resided in this State at the time of the user's death.  (C) This part does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-2-1020 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1020. User direction for disclosure of digital assets.

 (A) A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.  (B) If a user has not used an online tool to give direction under subsection (A) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.  (C) A user's direction under subsection (A) or (B) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-2-1025 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1025. Terms-of-service agreement.

 (A) This part does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.  (B) This part does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.  (C) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under Section 62-2-1020.  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-2-1030 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1030. Procedure for disclosing digital assets.

 (A) When disclosing digital assets of a user under this part, the custodian may at its sole discretion:  (1) grant a fiduciary or designated recipient full access to the user's account;  (2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or  (3) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.  (B) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this part.  (C) A custodian need not disclose under this part a digital asset deleted by a user.  (D) If a user directs or a fiduciary requests a custodian to disclose under this part some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:  (1) a subset limited by date of the user's digital assets;  (2) all of the user's digital assets to the fiduciary or designated recipient;  (3) none of the user's digital assets; or  (4) all of the user's digital assets to the court for review in camera.  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.