reglab/housing_qa huggingface dataset:
SC Code § 62-3-604 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-604. Bond amount; security; procedure; reduction.

 If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath with the court indicating his best estimate of the value of the personal estate of the decedent and of the income expected from the personal estate during the next year, and he shall execute and file a bond with the court, or give other suitable security, in an amount not less than the estimate. The court shall determine that the bond is duly executed by a corporate surety, or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security. The court may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution (as defined in Section 62-6-101) in a manner that prevents their unauthorized disposition. Upon application by the personal representative or another interested person or upon the court's own motion, the court may increase or reduce the amount of the bond, release sureties, dispense with security or securities, permit the substitution of another bond with the same or different sureties or dispense with the bond.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 14, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment inserted "or dispense with the bond" at the end.
SC Code § 62-3-605 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-605. Demand for bond by interested person.

 Any person apparently having an interest in the estate worth in excess of five thousand dollars, or any creditor having a claim in excess of five thousand dollars, may make a written demand that a personal representative give bond. The demand must be filed with the court and a copy mailed to the personal representative, if appointment and qualification have occurred. Thereupon, bond is required in an amount determined by the court as sufficient to protect the interest of the person or creditor demanding bond, but the requirement ceases if the person or creditor demanding bond ceases to have an interest in the estate worth in excess of five thousand dollars or a claim in excess of five thousand dollars. After he has received notice and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of his office except as necessary to preserve the estate or to pay the person or creditor demanding bond. Failure of the personal representative to meet a requirement of bond by giving suitable bond within thirty days after receipt of notice is cause for his removal and appointment of a successor personal representative unless good cause is shown for the delay.  HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 25; 1990 Act No. 521, Section 43; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment substituted "five thousand dollars" for "one thousand dollars" throughout, and inserted "unless good cause is shown for the delay" at the end.
SC Code § 62-3-606 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-606. Terms and conditions of bonds.

 (a) The following requirements and provisions apply to any bond required by this part:  (1) Bonds shall name the judge of the court as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law.  (2) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond.  (3) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the court which issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding shall be delivered to the surety or mailed to him by registered or certified mail at his address as listed with the court where the bond is filed and to his address as then known to the petitioner.  (4) On petition of a successor personal representative, any other personal representative of the same decedent, or any interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative.  (5) The bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.  (b) No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-607 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-607. Order restraining personal representative.

 (a) Upon application of any interested person, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement or distribution, or exercise of any powers or discharge of any duties of his office, or make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.  (b) The matter shall be set for hearing within ten days or at such other times as the parties may agree. Notice as the court directs shall be given to the personal representative and his attorney of record, if any, and to any other parties named defendant in the application.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 15, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment, in subsection (a), substituted "any interested person" for "any person who appears to have an interest in the estate"; and in subsection (b), substituted "application" for "petition" at the end.
SC Code § 62-3-608 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-608. Termination of appointment.

 Termination of appointment of a personal representative occurs as indicated in Sections 62-3-609 to 62-3-612, inclusive. Termination ends the right and power pertaining to the office of personal representative as conferred by this Code or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve him of the duty to preserve assets subject to his control, to account therefor, and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative, but terminates his authority to represent the estate in any pending or future proceeding.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-609 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-609. Death or disability terminates appointment.

 The death of a personal representative or the appointment of a conservator or guardian for the person of a personal representative terminates his appointment. Until appointment and qualification of a successor or special representative to replace the deceased or protected representative, the representative of the estate of the deceased or protected personal representative, if any, has the duty to protect the estate possessed and being administered by his decedent or ward at the time his appointment terminates, has the power to perform acts necessary for protection, and shall account for and deliver the estate assets to a successor or special personal representative upon his appointment and qualification.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment substituted "or guardian for the person" for "for the estate".
SC Code § 62-3-610 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-610. Order closing estate terminates appointment.

 (a) Unless otherwise provided, an order closing an estate as provided in Section 62-3-1001 terminates an appointment of a personal representative and relieves the personal representative's attorney of record of any further duties to the court.  (b) A personal representative may resign his position by filing a written statement of resignation with the court and providing twenty days' written notice to the persons known to be interested in the estate. If no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to him. When the resignation is effective, the personal representative's attorney of record shall be relieved of any further duties to the court.  HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 44; 1997 Act No. 152, Section 14; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment, in subsection (a), inserted at the end "and relieves the personal representative's attorney of record of any further duties to the court"; and in subsection (b) added the last sentence, relating to when the resignation is effective.
SC Code § 62-3-611 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-611. Petition for removal; cause; procedure.

 (a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in Section 62-3-607, after service of the summons and petition upon the personal representative and receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration, or preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.  (b) Cause for removal exists when removal would be in the best interests of the estate, or if it is shown that a personal representative or the person seeking his appointment intentionally misrepresented material facts in the proceedings leading to his appointment, or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of his office, or has mismanaged the estate or failed to perform any duty pertaining to the office. Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment of himself or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this State to administer local assets.  (c) The termination of appointment under this section shall relieve the personal representative's attorney of record of any further duties to the court.  HISTORY: 1986 Act No. 539, Section 1; 2010 Act No. 244, Section 16, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment added subsection (c), relating to termination of appointment.
SC Code § 62-3-612 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-612. Change of testacy status.

 Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to the appointment of the personal representative thereunder, does not terminate the appointment of the personal representative although his powers may be reduced as provided in Section 62-3-401. Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If no request for new appointment is made within thirty days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the assumption concerning testacy, the previously appointed personal representative upon request may be appointed personal representative under the subsequently probated will, or as in intestacy as the case may be.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-613 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-613. Successor personal representative.

 Parts 3 and 4 of this article [Sections 62-3-301 et seq. and Sections 62-3-401 et seq.] govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process, or claim which was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration which the former personal representative would have had if his appointment had not been terminated.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-614 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-614. Special administrator; appointment.

 A special administrator may be appointed:  (1) informally by the court on the application of an interested person when necessary:  (a) to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in Section 62-3-609;  (b) for a creditor of the decedent's estate to institute any proceeding under Section 62-3-803; or  (c) to take appropriate actions involving estate assets;  (2) in a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice.  HISTORY: 1986 Act No. 539, Section 1; 1997 Act No. 152, Section 15; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment added subsection (1)(c), relating to appropriate actions involving estate assets.
SC Code § 62-3-615 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-615. Special administrator; who may be appointed.

 (a) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named executor in the will shall be appointed if available and qualified.  (b) In other cases, any proper person may be appointed special administrator.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-616 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-616. Special administrator; appointed informally; powers and duties.

 A special administrator appointed by the court in informal proceedings pursuant to Section 62-3-614(1) has the duty to collect and manage the assets of the estate, to preserve them, to account therefor, and to deliver them to the general personal representative upon his qualification. The special administrator has the power of a personal representative under this Code necessary to perform his duties.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-617 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-617. Special administrator; formal proceedings; powers and duties.

 A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts, or on other terms as the court may direct.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-618 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-618. Termination of appointment; special administrator.

 The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in Sections 62-3-608 through 62-3-611.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
SC Code § 62-3-619 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-619. "Executor de son tort" defined.

 Any person who obtains, receives, or possesses property of whatever kind, belonging to the decedent, by means of fraud or without paying valuable consideration equivalent to the value of the property, shall be charged and chargeable as executor of his own wrong (executor de son tort) with respect to the goods and debts. The value of the property is charged to the executor de son tort. Likewise, the value of the property shall be deducted from any distribution or payment of any claim or commission to which the executor de son tort is entitled from the estate.  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.
SC Code § 62-3-620 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-620. Order for executor de son tort to account for deceased's property; decree for damages.

 Acting sua sponte or upon the petition of any interested person, the probate judge of the county in which a deceased person was domiciled at the time of his death may order the executor de son tort to account for the property in his possession. Upon a finding that the property has been converted, wasted or otherwise damaged through improper interference, the court may assess damages including attorney's fees and costs in the amount determined by the court not to exceed the value of the property charged to the executor de son tort.  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.
SC Code § 62-3-621 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-621. Rights under Section 62-3-620 survive death of executor de son tort.

 The rights of the probate court and interested parties set forth in Section 62-3-620 shall survive the death of the executor de son tort.  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.
SC Code § 62-3-701 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-701. Time of accrual of duties and powers.

 The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. Prior to appointment, a person named personal representative in a will may protect property of the decedent's estate and carry out written instructions of the decedent relating to his body, funeral, and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.  Effect of Amendment  The 2013 amendment substituted "personal representative" for "executor" and inserted "protect property of the decedent's estate and" in the third sentence.
SC Code § 62-3-702 (2021)
2021 South Carolina Code of Laws|Title 62 - South Carolina Probate Code|Article 3 - Probate Of Wills And Administration|Section 62-3-702. Priority among different letters.

 A person to whom general letters are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.  HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.