reglab/housing_qa huggingface dataset:
SC Code § 62-1-102 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-102. Purposes; rules of construction.

 (a) This Code shall be liberally construed and applied to promote its underlying purposes and policies.  (b) The underlying purposes and policies of this Code are:  (1) to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons;  (2) to discover and make effective the intent of a decedent in the distribution of his property;  (3) to promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors;  (4) to facilitate use and enforcement of certain trusts;  (5) to make uniform the law among the various jurisdictions.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-103 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-103. Supplementary general principles of law applicable.

 Unless displaced by the particular provisions of this Code, the principles of law and equity supplement its provisions.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-104 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-104. Severability.

 If any provision of this Code or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Code which can be given effect without the invalid provision or application and to this end the provisions of this Code are declared to be severable.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-105 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-105. Construction against implied repeal.

 This Code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-106 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-106. Effect of fraud and evasion.

 Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this Code or if fraud is used to avoid or circumvent the provisions or purposes of this Code, any person injured thereby may: (i) obtain appropriate relief against the perpetrator of the fraud and (ii) restitution from any person (other than a bona fide purchaser) benefiting from the fraud, whether innocent or not, but only to the extent of any benefit received. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-107 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-107. Evidence as to death or status.

 In proceedings under this Code the South Carolina Rules of Evidence are applicable unless specifically displaced by the Code.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment rewrote the section, deleting rules relating to determination of death and status.
SC Code § 62-1-108 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-108. Acts by holder of general power.

 For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power. The term "presently exercisable general power of appointment" includes a testamentary general power of appointment having no conditions precedent to its exercise other than the death of the holder, the validity of the holder's last will and testament, and the inclusion of a provision in the will sufficient to exercise this power.  HISTORY: 1986 Act No. 539, Section 1; 1988 Act No. 659, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-109 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-109. Duties and obligations of lawyer and person serving as a fiduciary.

 Unless expressly provided otherwise in a written employment agreement, the creation of an attorney-client relationship between a lawyer and a person serving as a fiduciary shall not impose upon the lawyer any duties or obligations to other persons interested in the estate, trust estate, or other fiduciary property, even though fiduciary funds may be used to compensate the lawyer for legal services rendered to the fiduciary. This section is intended to be declaratory of the common law and governs relationships in existence between lawyers and persons serving as fiduciaries as well as such relationships hereafter created.  HISTORY: 1994 Act No. 449, Section 2; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-110 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-110. Fiduciary and lawyer, privileged communication.

 Whenever an attorney-client relationship exists between a lawyer and a fiduciary, communications between the lawyer and the fiduciary shall be subject to the attorney-client privilege unless waived by the fiduciary, even though fiduciary funds may be used to compensate the lawyer for legal services rendered to the fiduciary. The existence of a fiduciary relationship between a fiduciary and a beneficiary does not constitute or give rise to any waiver of the privilege for communications between the lawyer and the fiduciary.  HISTORY: 2008 Act No. 211, Section 1, eff May 13, 2008; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-111 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-111. Authority to award costs and expenses.

 In a formal proceeding, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the estate that is the subject of the controversy.  HISTORY: 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-112 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-112. Inherent power of court.

 The inherent power of the court to impose penalties for contempt extends to all filing requirements, proceedings, judgments, and orders of the court. The court has the power to grant a motion to proceed in forma pauperis.  HISTORY: 2017 Act No. 87 (S.415), Section 1, eff January 1, 2019.  Editor's Note  2017 Act No. 87, Section 6, provides as follows:  "(A) This act takes effect on January 1, 2019.  "(B) Except as otherwise provided in this act, on the effective date of this act:  "(1) this act applies to any conservatorships, guardianships, or protective orders for minors or persons under a disability created before, on, or after its effective date;  "(2) this act applies to all judicial proceedings concerning conservatorships, guardianships, or protective orders for minors or persons under a disability commenced on or after its effective date;  "(3) this act applies to judicial proceedings concerning conservatorships, guardianships, and protective orders for minors or persons under a disability commenced before its effective date unless the court finds that application of a particular provision of this act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case that particular provision of this act does not apply and the superseded law applies;  "(4) subject to item (B)(5) and subsection (C) of this SECTION, any rule of construction or presumption provided in this act applies to governing instruments executed before the effective date of this act unless there is a clear indication of a contrary intent in the terms of the governing instrument; and  "(5) an act done and any right acquired or accrued before the effective date of the act is not affected by this act.  "(C) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the act, that statute continues to apply to the right even if it has been repealed or suspended."
SC Code § 62-1-301 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-301. Territorial application.

 Except as otherwise provided in this Code, this Code applies to (1) the affairs and estates of decedents, missing persons, and persons to be protected domiciled in this State, (2) the property of nonresidents located in this State or property coming into the control of a fiduciary who is subject to the laws of this State, (3) incapacitated persons and minors in this State, (4) survivorship and related accounts in this State, and (5) trusts subject to administration in this State.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-303 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-303. Venue; multiple proceedings; transfer.

 (a) Subject to the provisions of Section 62-3-201, where a proceeding under this Code could be maintained in more than one place in South Carolina, the court in which the proceeding is first commenced has the exclusive right to proceed.  (b) If proceedings concerning the same estate, protected persons, ward, or trust are commenced in more than one court of South Carolina, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and, if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.  (c) If a court finds that, in the interest of justice, a proceeding or a file should be located in another court of probate in South Carolina, the court making the finding may transfer the proceeding or file to the other court.  (d) If a court transfers venue of a proceeding or file to a court in another county, venue for that proceeding or file, and any subsequent matters concerning that proceeding or file, including appeals, shall be retained by the county to which the venue has been transferred.  (e) If a probate court judge is disqualified from matters concerning a proceeding or a file, and venue has not been transferred to another county, a special probate court judge appointed for that proceeding or file has all of the powers and duties appertaining to the probate court judge of the county where the proceeding or file commenced, and venue for any subsequent matters concerning that proceeding or file, including appeals, remains with the county where that proceeding or file commenced.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-304 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-304. South Carolina Rules of Civil Procedure govern formal proceedings.

 The South Carolina Rules of Civil Procedure (SCRCP) adopted for the circuit court and other rules of procedure in this title govern formal proceedings pursuant to this title. A formal proceeding is a "civil action" as defined in Rule 2, SCRCP, and must be commenced as provided in Rule 3, SCRCP.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 2, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2010 amendment rewrote this section.
SC Code § 62-1-305 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-305. Records and certified copies.

 The court shall keep a record for each decedent, ward, protected person, or trust involved in any document which may be filed with the court under this Code, including petitions and applications, demands for notices or bonds, and of any orders or responses relating thereto by the probate court, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law, the clerk must issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded. Certificates relating to letters must show the date of appointment.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-306 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-306. Jury trials.

 (a) If duly demanded, a party is entitled to trial by jury in any proceeding involving an issue of fact in an action for the recovery of money only or of specific real or personal property, unless waived as provided in the rules of civil procedure for the courts of this State. The right to trial by jury exists in, but is not limited to, formal proceedings in favor of the probate of a will or contesting the probate of a will.  (b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.  (c) The method of drawing, summoning, and compensating jurors under this section shall be within the province of the county jury commission and shall be governed by Chapter 7, Title 14 of the 1976 Code relating to juries in circuit courts.  HISTORY: 1986 Act No. 539, Section 1; 1988 Act No. 659, Section 4; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-307 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-307. Probate judge; powers.

 The acts and orders which this Code specifies as performable by the court may be performed either by the judge or by a person, including one or more clerks, designated by the judge by a written order filed and recorded in the office of the court.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-309 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-309. Election and term of judges.

 The judges of the probate court shall be elected by the qualified electors of the respective counties for the term of four years in the manner specified by Section 14-23-1020.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-402 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-402. Notice; waiver.

 A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-500 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-500. Short title.

 This part may be cited as the "Uniform Simultaneous Death Act".  HISTORY: 1986 Act No. 539, Section 1; 1976 Code Section 62-1-501; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-501 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-501. Definitions.

 For purposes of this part:  (1) "Co-owners with right of survivorship" includes joint tenants in a joint tenancy with right of survivorship, joint tenants in a tenancy in common with right of survivorship, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitle one or more to the whole of the property or account on the death of the other or others.  (2) "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with POD designation, pension, profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type.  (3) "Payor" means a trustee, insurer, business entity, employer, government, governmental agency, subdivision, or instrumentality, or any other person authorized or obligated by law or a governing instrument to make payments.  HISTORY: 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-502 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-502. Requirement of survival by 120 hours; individuals, two or more beneficiaries, class members.

 (a) Except as otherwise provided by this Code, where the title to property, the devolution of property, the right to elect an interest in property, or any other right or benefit depends upon an individual's survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by at least one hundred twenty hours is deemed to have predeceased the other individual.  (b) If the language of the governing instrument disposes of property in such a way that two or more beneficiaries are designated to take alternatively by reason of surviving each other and it is not established by clear and convincing evidence that any such beneficiary has survived any other beneficiary by at least one hundred twenty hours, the property shall be divided into as many equal shares as there are alternative beneficiaries, and these shares shall be distributed respectively to each such beneficiary's estate.  (c) If the language of the governing instrument disposes of property in such a way that it is to be distributed to the member or members of a class who survived an individual, each member of the class will be deemed to have survived that individual by at least one hundred twenty hours unless it is established by clear and convincing evidence that the individual survived the class member or members by at least one hundred twenty hours.  HISTORY: 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-503 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-503. Requirement of survival by 120 hours under governing instruments.

 Except as otherwise provided by this Code, for purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who is not established by clear and convincing evidence to have survived the event by at least one hundred twenty hours is deemed to have predeceased the event.  HISTORY: 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-504 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-504. Co-owners with right of survivorship; requirement of survival by 120 hours.

 Except as otherwise provided by this Code, if:  (a) it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by at least one hundred twenty hours, one-half of the property passes as if one had survived by at least one hundred twenty hours and one-half as if the other had survived by at least one hundred twenty hours;  (b) there are more than two co-owners and it is not established by clear and convincing evidence that at least one of them survived the others by at least one hundred twenty hours, the property passes to the estates of each of the co-owners in the proportion that one bears to the whole number of co-owners.  HISTORY: 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-1-505 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court|Section 62-1-505. Right or benefit that depends on surviving the death of a decedent's killer.

 Notwithstanding any other provisions of the Code, solely for the purpose of determining whether a decedent is entitled to any right or benefit that depends on surviving the death of a decedent's killer under Section 62-2-803, the killer is deemed to have predeceased the decedent, and the decedent is deemed to have survived the killer by at least one hundred twenty hours, or any greater survival period required of the decedent under the killer's will or other governing instrument, unless it is established by clear and convincing evidence that the killer survived the victim by at least one hundred twenty hours.  HISTORY: 2013 Act No. 100, Section 1, eff January 1, 2014.