reglab/housing_qa huggingface dataset:
SC Code § 62-3-816 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-816. Final distribution to domiciliary representative.

 The estate of a nonresident decedent being administered by a personal representative appointed in this State shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless: (1) by virtue of the decedent's will, if any, and applicable choice of law rules, the successors are identified pursuant to the local law of this State without reference to the local law of the decedent's domicile; (2) the personal representative of this State, after reasonable inquiry is unaware of the existence or identity of a domiciliary personal representative; or (3) the court orders otherwise in a proceeding for a closing order under Section 62-3-1001 or incident to the closing of an administration under Part 5 [Sections 62-3-501 et seq.]. In other cases, distribution of the estate of a decedent shall be made in accordance with the other parts of this article [Sections 62-3-101 et seq.].  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-901 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-901. Successors' rights if no administration.

 In the absence of administration, the devisees are entitled to the estate in accordance with the terms of a probated will and the heirs in accordance with the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by exemption or intestacy may establish title thereto by proof of the decedent's ownership, his death, and their relationship to the decedent. Successors take subject to all charges incident to administration, including the claims of creditors and subject to the rights of others resulting from abatement, retainer, advancement, ademption, and elective share.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 39; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment added "elective share" at the end.
SC Code § 62-3-902 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-902. Distribution; order in which assets appropriated; abatement.

 (a) Except as provided in subsection (b), and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order: (1) property not disposed of by the will; (2) residuary devises; (3) general devises; (4) specific devises. For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.  (b) If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (a), as, for instance, in case the will was executed before the effective date of this Code, the shares of the distributees abate as may be found necessary to give effect to the intention of the testator.  (c) If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment in subsection (a) inserted "and except as provided in connection with the share of the surviving spouse who elects to take an elective share,".
SC Code § 62-3-903 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-903. Right of retainer.

 The amount of a liquidated indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery of the debt.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-905 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-905. Penalty clause for contest.

 A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-907 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-907. Distribution in kind; evidence.

 (A) If distribution in kind is made, the personal representative must execute a deed of distribution with respect to real property and such other necessary or appropriate instrument of conveyance with respect to personal property, assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.  (B) If the decedent dies intestate or devises real property to a distributee, the personal representative's execution of a deed of distribution of real property constitutes a release of the personal representative's power over the title to the real property, which power is equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee and his purchasers or encumbrancers the protection provided in Sections 62-3-908 and 62-3-910.  (C) If the decedent devises real property to a personal representative, either in a specific or residuary devise, the personal representative's execution of a deed of distribution of the real property constitutes a transfer of the title to the real property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the real property, which power is equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.  (D) The personal representative's execution of an instrument or deed of distribution of personal property constitutes a transfer of the title to the personal property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the personal property, which power is equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a).  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 42; 2000 Act No. 398, Section 6; 2002 Act No. 174, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-908 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-908. Distribution; right or title of distributee.

 Proof that a distributee has received an instrument or deed of distribution of assets in kind whether real or personal property, or payment in distribution, from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper. An improper distribution includes, but is not limited to, those instances where the instrument or deed of distribution is found to be inconsistent with the provisions of the will or statutes governing intestacy.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 43; 2000 Act No. 398, Section 7; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-909 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-909. Improper distribution; liability of distributee.

 Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return the property improperly received and its income since distribution if he has the property. If he does not have the property, then he is liable to return the value as of the date of disposition of the property improperly received and its income and gain received by him.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-912 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-912. Private agreements among successors to decedent binding on personal representative.

 Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to his obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of his office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. Nothing herein relieves trustees of any duties owed to beneficiaries of trusts.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-913 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-913. Distributions to trustee.

 (a) Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered provides for registration and that the trustee inform the beneficiaries as provided in Section 62-7-813.  (b) If the trust instrument does not excuse the trustee from giving bond, the personal representative may petition the appropriate court to require that the trustee post bond if he apprehends that distribution might jeopardize the interests of persons who are not able to protect themselves, and he may withhold distribution until the court has acted.  (c) No inference of negligence on the part of the personal representative shall be drawn from his failure to exercise the authority conferred by subsections (a) and (b).  HISTORY: 1986 Act No. 539, Section 1; 2005 Act No. 66, Section 6; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-915 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-915. Distribution to person under disability.

 A personal representative may discharge his obligation to distribute to any person under legal disability by distributing to his conservator or any other person authorized by this Code or otherwise to give a valid receipt and discharge for the distribution.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-1002 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-1002. Payment of taxes; certificate from Department of Revenue.

 No final accounting of a fiduciary shall be allowed by the probate court unless such account shows, and the judge of such court finds, that all taxes imposed by the provisions of Chapter 6, Title 12 upon such fiduciary, which have become payable, have been paid, and that all taxes which may become due are secured by bond, deposit, or otherwise. The certificate of the South Carolina Department of Revenue and the receipt for the amount of the tax therein certified shall be conclusive as to the payment of the tax to the extent of such certificate.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 47; 1990 Act No. 521, Section 62; 1993 Act No. 181, Section 1610; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment substituted "No final accounting" for "No final account".
SC Code § 62-3-1003 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-1003. Payment of taxes; filing federal estate tax return.

 No final accounting of a personal representative in any probate proceeding who is required to file a federal estate tax return may be allowed and approved by the court before whom the proceeding is pending unless the court finds that any tax imposed on the property by Chapter 16, Title 12, including applicable interest, has been paid in full or that no such tax is due.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 48; 1990 Act No. 521, Section 63; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment substituted "No final accounting" for "No final account", and substituted "that any tax imposed" for "that the tax imposed"
SC Code § 62-3-1004 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-1004. Liability of distributees to claimants.

 After assets of an estate have been distributed and subject to Section 62-3-1006, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property or for amounts in excess of the value of his distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who shall have failed to notify other distributees of the demand made upon him by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against him loses his right of contribution against other distributees.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-1005 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-1005. Rights of successors and creditors.

 Unless previously barred by adjudication and except as provided in any accounting, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six months after the filing of the application for settlement of the estate, required by Section 62-3-1001. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 64; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-1006 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-1006. Limitations on actions and proceedings against distributees.

 Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of (i) if a claim by a creditor of the decedent, at one year after the decedent's death, and (ii) any other claimant and any heir or devisee, at the later of three years after the decedent's death or one year after the time of distribution thereof. This section does not bar an action to recover property or value received as the result of fraud.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 65; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-1007 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-1007. Certificate discharging liens securing fiduciary performance.

 After his appointment has terminated, the personal representative, his sureties, or any successor of either, upon the filing of a verified application showing, so far as is known by the applicant, that no action concerning the estate is pending in any court, is entitled to receive a certificate from the court that the personal representative appears to have fully administered the estate in question. The certificate evidences discharge of any lien on any property given to secure the obligation of the personal representative in lieu of bond or any surety, but does not preclude action against the personal representative or the surety.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-1008 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-1008. Subsequent administration.

 If other property of the estate is discovered after an estate has been settled and the personal representative discharged or for other good cause, the court upon application of any interested person and upon notice as it directs may appoint the same or a successor personal representative to administer the subsequently opened estate. If a new appointment is made, unless the court orders otherwise, the provisions of this Code apply as appropriate; but no claim previously barred may be asserted in the subsequent administration.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 49; 2010 Act No. 244, Section 20, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-1101 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-1101. Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons.

 A compromise of a controversy as to admission to probate of an instrument offered for formal probate as the will of a decedent, the construction, validity, or effect of a probated will, the rights or interests in the estate of the decedent, of a successor, or the administration of the estate, if approved by the court after hearing, is binding on all the parties including those unborn, unascertained, or who could not be located. An approved compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not parties to it. A compromise approved pursuant to this section is not a settlement of a claim subject to the provisions of Section 62-5-433.  HISTORY: 1986 Act No. 539, Section 1; 1997 Act No. 152, Section 19; 2010 Act No. 244, Section 21, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-1102 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-1102. Procedure for securing court approval of compromise.

 The procedure for securing court approval of a compromise is as follows:  (1) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acting for any minor child having beneficial interests or having claims which will or may be affected by the compromise. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts is unknown and cannot reasonably be ascertained.  (2) Any interested person, including the personal representative or a trustee, then may submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust, and other fiduciaries and representatives.  (3) Upon application to the court and after notice to all interested persons or their representatives, including the personal representative of the estate and all affected trustees of trusts, the court, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, shall make an order approving the agreement and directing all fiduciaries subject to its jurisdiction to execute the agreement. Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise. Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 22, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.