reglab/housing_qa huggingface dataset:
SC Code § 62-2-1035 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1035. Disclosure of content of electronic communications of deceased user.

 If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:  (1) a written request for disclosure in physical or electronic form;  (2) a certified copy of the death certificate of the user;  (3) a certified copy of the letter of appointment of the representative or a small estate affidavit or court order;  (4) unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and  (5) if requested by the custodian:  (a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;  (b) evidence linking the account to the user; or  (c) a finding by the court that:  (i) the user had a specific account with the custodian, identifiable by the information specified in subitem (a);  (ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701, et seq., as amended, 47 U.S.C. Section 222, as amended, or other applicable law;  (iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or  (iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-2-1040 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1040. Disclosure of other digital assets of deceased user.

 Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:  (1) a written request for disclosure in physical or electronic form;  (2) a certified copy of the death certificate of the user;  (3) a certified copy of the letter of appointment of the representative or a small estate affidavit or court order; and  (4) if requested by the custodian:  (a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;  (b) evidence linking the account to the user;  (c) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or  (d) a finding by the court that:  (i) the user had a specific account with the custodian, identifiable by the information specified in subitem (a); or  (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-2-1045 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1045. Disclosure of content of electronic communications of principal.

 To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:  (1) a written request for disclosure in physical or electronic form;  (2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;  (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and  (4) if requested by the custodian:  (a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or  (b) evidence linking the account to the principal.  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-2-1050 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1050. Disclosure of other digital assets of principal.

 Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:  (1) a written request for disclosure in physical or electronic form;  (2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;  (3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and  (4) if requested by the custodian:  (a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or  (b) evidence linking the account to the principal.  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-2-1055 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1055. Disclosure of digital assets held in trust when trustee is original user.

 Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-2-1060 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1060. Disclosure of contents of electronic communications held in trust when trustee not original user.

 Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:  (1) a written request for disclosure in physical or electronic form;  (2) a certified copy of the trust instrument or a certification of the trust under Section 62-7-1013 which includes consent to disclosure of the content of electronic communications to the trustee;  (3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and  (4) if requested by the custodian:  (a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or  (b) evidence linking the account to the trust.  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-2-1065 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1065. Disclosure of other digital assets held in trust when trustee not original user.

 Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:  (1) a written request for disclosure in physical or electronic form;  (2) a certified copy of the trust instrument or a certification of the trust under Section 62-7-1013;  (3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and  (4) if requested by the custodian:  (a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or  (b) evidence linking the account to the trust.  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-2-1070 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1070. Disclosure of digital assets to conservator of protected person.

 (A) After an opportunity for a hearing under Article 5 of this title, the court may grant a conservator access to the digital assets of a protected person.  (B) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian:  (1) a written request for disclosure in physical or electronic form;  (2) a certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and  (3) if requested by the custodian:  (a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or  (b) evidence linking the account to the protected person.  (C) A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property.  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-2-1075 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1075. Fiduciary duty and authority.

 (A) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including the:  (1) duty of care;  (2) duty of loyalty; and  (3) duty of confidentiality.  (B) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:  (1) except as otherwise provided in Section 62-2-1020, is subject to the applicable terms of service;  (2) in the case of a fiduciary, is subject to other applicable law, including copyright law;  (3) is limited by the scope of the fiduciary's duties; and  (4) may not be used to impersonate the user.  (C) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.  (D) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including this state's law on unauthorized computer access.  (E) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:  (1) has the right to access the property and any digital asset stored in it; and  (2) is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including this state's law regarding unauthorized computer access.  (F) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.  (G) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:  (1) if the user is deceased, a certified copy of the death certificate of the user;  (2) a certified copy of the letter of appointment of the representative or a small estate affidavit or court order, power of attorney, or trust giving the fiduciary authority over the account; and  (3) if requested by the custodian:  (a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;  (b) evidence linking the account to the user; or  (c) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subitem (a).  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-2-1080 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1080. Custodian compliance and immunity.

 (A) Not later than sixty days after receipt of the information required under Sections 62-2-1035 through 62-2-1075, a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.  (B) An order under subsection (A) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. Section 2702, as amended.  (C) A custodian may notify the user that a request for disclosure or to terminate an account was made under this part.  (D) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.  (E) This part does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this part to obtain a court order which:  (1) specifies that an account belongs to the protected person or principal;  (2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and  (3) contains a finding required by law other than this part.  (F) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this part.  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-2-1085 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1085. Uniformity of application and construction.

 In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-2-1090 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 2 - Intestate Succession And Wills|Section 62-2-1090. Electronic Signatures in Global and National Commerce Act.

 This uniform act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).  HISTORY: 2016 Act No. 260 (S.908), Section 2, eff June 3, 2016.
SC Code § 62-3-101 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-101. Devolution of estate at death; restrictions.

 The power of a person to leave property by will and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this Code to facilitate the prompt settlement of estates, including the exercise of the powers of the personal representative. Upon the death of a person, his real property devolves to the persons to whom it is devised by his last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition, to his heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting the devolution of intestate estates, subject to the purpose of satisfying claims as to exempt property rights and the rights of creditors, and the purposes of administration, particularly the exercise of the powers of the personal representative under Sections 62-3-709, 62-3-710, and 62-3-711, and his personal property devolves, first, to his personal representative, for the purpose of satisfying claims as to exempt property rights and the rights of creditors, and the purposes of administration, particularly the exercise of the powers of the personal representative under Sections 62-3-709, 62-3-710, and 62-3-711, and, at the expiration of three years after the decedent's death, if not yet distributed by the personal representative, his personal property devolves to those persons to whom it is devised by will or who are his heirs in intestacy, or their substitutes, as the case may be, just as with respect to real property.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 16; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-102 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-102. Necessity of order of probate for will.

 Except as provided in Section 62-3-1201 and except as to a will that has been admitted to probate in another jurisdiction which is filed as provided in Article 4, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the court or an adjudication of probate by the court.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment inserted "and except as to a will that has been admitted to probate in another jurisdiction which is filed as provided in Article 4", and substituted "nominate a personal representative" for "nominate an executor".
SC Code § 62-3-103 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-103. Necessity of appointment for administration.

 Except as otherwise provided in this article [Sections 62-3-101 et seq.] and in Article 4 [Sections 62-4-101 et seq.], to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court, qualify, and be issued letters. Administration of an estate is commenced by the issuance of letters.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-104 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-104. Claims against decedent; necessity of administration.

 No claim may be filed against the estate of a decedent and no proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative, except as provided in Section 62-3-804(1)(b). After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this article [Sections 62-3-101 et seq.]. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in Section 62-3-1004 or from a former personal representative individually liable as provided in Section 62-3-1005. This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-105 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-105. Proceedings affecting devolution and administration; jurisdiction of subject matter.

 Persons interested in decedents' estates may apply to the court for determination in the informal proceedings provided in this article [Sections 62-3-101 et seq.], and may petition the court for orders in formal proceedings within the court's jurisdiction including but not limited to those described in this article.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-106 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-106. Proceedings within the jurisdiction of court; service; jurisdiction over persons.

 In proceedings within the jurisdiction of the court where notice is required by this Code or by rule, and in proceedings to construe probated wills or determine heirs which concern estates that have not been and cannot now be opened for administration, interested persons may be bound by the orders of the court in respect to property in or subject to the laws of this State by notice in conformity with Section 62-1-401. An order is binding as to all who are given notice of the proceeding though less than all interested persons are notified.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 30; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-107 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-107. Scope of proceedings; proceedings independent; exception.

 Unless administration under Part 5 [Sections 62-3-501 et seq.] is involved, (1) each proceeding before the court is independent of any other proceeding involving the same estate; (2) petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay, but, except as required for proceedings which are particularly described by other sections of this article [Sections 62-3-101 et seq.], no petition is defective because it fails to embrace all matters which might then be the subject of a final order; (3) proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives; and (4) a proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.