reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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".
2023 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"
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1201. Collection of personal property by affidavit.

(a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or the instrument evidencing the debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor. Before this affidavit may be presented to collect the decedent's personal property, it must:
(1) state that the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), wherever located, less liens and encumbrances, does not exceed twenty-five thousand dollars;
(2) state that thirty days have elapsed since the death of the decedent;
(3) state that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
(4) state that the claiming successor, which for the purposes of this section includes a person who remitted payment for reasonable funeral expenses, is entitled to payment or delivery of the property;
(5) be approved and countersigned by the probate judge of the county of the decedent's domicile at the time of his death, or if the decedent was not domiciled in this State, in the county in which the property of the decedent is located, and only upon the judge's satisfaction that the successor is entitled to payment or delivery of the property; and
(6) be filed in the probate court for the county of the decedent's domicile at the time of his death, or, if the decedent was not domiciled in this State, in the county in which property of the decedent is located.
(b) A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection (a).
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 50; 1990 Act No. 521, Sections 66, 67; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1202. Effect of affidavit.

The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. Any person who receives or is presented with a valid affidavit executed pursuant to Section 62-3-1201 and who has not received actual written notice of its revocation or termination must not fail to deliver the property identified in the affidavit, provided it contains the following provision: "No person who may act in reliance on this affidavit shall incur any liability to the estate of the decedent." Any person to whom payment, delivery, transfer, or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1203. Small estates; summary administrative procedure.

(a) If it appears from the inventory and appraisal that the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), less liens and encumbrances, does not exceed twenty-five thousand dollars and exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, after publishing notice to creditors pursuant to Section 62-3-801, but without giving additional notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in Section 62-3-1204.
(b) If it appears from an appointment proceeding that (1) the appointed personal representative, individually or in the capacity of a fiduciary, is either the sole devisee under the probated will of a testate decedent or the sole heir of an intestate decedent, or (2) the appointed personal representatives, individually or in their capacity as a fiduciary, are the sole devisees under the probated will of a testate decedent or the sole heirs of an intestate decedent, the personal representative, after publishing notice to creditors as under Section 62-3-801, but without giving additional notice to creditors may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in Section 62-3-1204.
HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 69; 2013 Act No. 100, Section 1, eff January 1, 2014.
Effect of Amendment
The 2013 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1204. Small estates; closing by sworn statement of personal representative.

(a) Unless prohibited by order of the court and except for estates being administered under Part 5 (Sections 62-3-501 et seq.), after filing an inventory with the court, and paying any court fees due, the personal representative may close an estate administered under the summary procedures of Section 62-3-1203 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that:
(1) either
(i) to the best knowledge of the personal representative, the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), less liens and encumbrances, did not exceed twenty-five thousand dollars and exempt property, costs, and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent; or
(ii) the estate qualifies for summary administration according to the provisions of subsection (b) of Section 62-3-1203;
(2) the personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto;
(3) the personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom the personal representative is aware and whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected.
(b) If no unresolved claims, actions or proceedings involving the personal representative are pending in any court one year after the date of the decedent's death, the appointment of the personal representative terminates.
HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 70; 2013 Act No. 100, Section 1, eff January 1, 2014.
Effect of Amendment
The 2013 amendment, in subsection (a), substituted "after filing an inventory with the court, and paying any court fees due, the" for "a"; in subsection (a)(1)(i), substituted "twenty-five thousand dollars" for "ten thousand dollars"; in subsection (a)(3), substituted "the personal representative is aware and" for "he is aware"; and in subsection (b), inserted "unresolved claims,", and substituted "any court one year after the date of the decedent's death," for "the court one year after the closing statement is filed".
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1301. Only procedure for sale of lands by court.

The provisions of this Part are hereby declared to be the only procedure for the sale of lands by the court, except where the will of the decedent authorizes to the contrary.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 51; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1302. Sale of real estate.

The court may, as herein provided, authorize the sale of the real property of a decedent.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 52; 2013 Act No. 100, Section 1, eff January 1, 2014.
Effect of Amendment
The 2013 amendment substituted "real property of a decedent" for "real estate of such deceased person".
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1303. Issuance of summons upon petition for sale.

At any time after the qualification of the personal representative, on petition to the court by an interested person requesting the sale of real property of the decedent, a summons shall be issued to the personal representative (if not the petitioner), the heirs at law of the decedent (if the decedent died intestate or the time to challenge a will admitted to probate has not expired), the devisees under the decedent's will (if any), any person who has properly presented a claim against the estate which remains unresolved, any interested person effected by the proceeding, and any other person as required by the court in its discretion.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 53; 1990 Act No. 521, Section 71; 2013 Act No. 100, Section 1, eff January 1, 2014.
Effect of Amendment
The 2013 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1304. Form of summons.

The form of such summons must be in like form as summonses for civil actions in the circuit courts.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 54; 1990 Act No. 521, Section 72; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1305. Service of summons and petition.

To such summons a copy of the petition must be attached and copies of the summons and petition served on the personal representative (if not the petitioner), the heirs at law of the decedent (if the decedent died intestate or the time to challenge a will admitted to probate has not expired), the devisees under the decedent's will (if any), any person who has properly presented a claim against the estate which remains unresolved, any interested person effected by the proceeding, and any other interested person as required by the court in its discretion, in like manner as summonses and complaints are served in civil actions in the circuit courts. If there are minors the court shall appoint guardians ad litem who must be served with copies of the summons and petition and the appointment, and who must acknowledge acceptance of their appointment as guardians ad litem to the probate court prior to being served with the summons and petition. Nothing herein precludes the parties interested in the proceeding from accepting service of the summons and petition and consenting to the sale as prayed for in the petition.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 55; 1990 Act No. 521, Section 73; 2013 Act No. 100, Section 1, eff January 1, 2014.
Effect of Amendment
The 2013 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1306. Execution of process by sheriff; fees.

The sheriffs of the several counties in this State are required to serve all processes which may be issued, if so ordered by the court under the provisions of this Part, for which they shall receive the same fees as are allowed them by law for similar services, which must be paid from the proceeds of sale or by the petitioner.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 56; 1990 Act No. 521, Section 74; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1307. Publication as to nonresidents and parties with unknown residences.

If there is any party who resides beyond the limits of this State or whose residence is unknown and who does not consent in writing to the sale, the court may authorize publication of the summons as provided by this Code and if such party does not appear and show sufficient cause within the time named in the summons the court shall enter of record his consent as confessed and proceed with the sale.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 57; 1990 Act No. 521, Section 75; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1308. Filing notice of pendency of action.

Upon the filing of the petition, the petitioner shall file in the office of the clerk of the circuit court a notice of pendency of action authorized by Sections 15-11-10 to 15-11-50 and upon the filing of such notice it has the same force and effect as notice of pendency of action filed in an action in the circuit court.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 58; 1990 Act No. 521, Section 76; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1309. Time for answer.

The time to answer a summons and petition for sale of real property of a decedent is the same as the time to answer in any civil litigation case. Interested persons who wish to file an answer or return to the petition must do so in writing in the same manner as an answer to a complaint in other civil litigation cases. In addition the court may hear motions and accept such subsequent pleadings as would be heard or accepted in other civil litigation cases. After the filing and service of the summons and petition and the time for filing responsive pleadings has elapsed, the court will convene a hearing on the merits of the petition. If based on the evidence presented at the hearing the court finds the real property should be sold it shall then, in its discretion, either (a) order the personal representative to sell the same at private sale upon such terms and conditions as the court may impose; or (b) proceed to sell the same upon the next or some subsequent convenient sales day after publishing a notice of such sale three weeks prior thereto in some paper published in the county. Upon the sale being made, after the payment of the costs and expenses thereof, the proceeds of the sale will be paid over to the personal representative. The personal representative shall administer such proceeds in like manner as proceeds of personal property coming into his hands. Nothing in this part may be construed to abridge homestead exemptions. Notice of hearings in regard to the petition will be provided to interested persons in accordance with Section 62-1-401.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 59; 1990 Act No. 521, Section 77; 2010 Act No. 244, Section 23, eff June 7, 2010; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1310. Bond for handling of proceeds by personal representative.

The regular bond of the personal representative must protect the creditors, heirs, devisees, or other interested persons, if any, in the handling of the proceeds of sale by the personal representative, but in case no such bond has been given, the court may require the giving of a bond by such personal representative as provided in Sections 62-3-603, 62-3-604, and 62-3-605.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 60; 1990 Act No. 521, Section 78; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1311. Filing of papers; requirement of returns.

The court shall file and keep the original petition with due proof of service thereon and all original papers connected with the sale and shall require from such personal representative his final account showing the distribution of the funds received by him.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 61; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 3 - Probate Of Wills And Administration › Section 62-3-1312. Entry of releases of liens on property sold.

In case any lands of the deceased subject to the lien of any judgment, mortgage, or other lien is sold under the provisions of this Part the court may enter a release of the lands so sold upon the records in the office of the clerk of court or register of deeds of the county from the lien of such judgment, mortgage, or other lien and in case such mortgage, judgment, or other lien debt has been paid in full out of the proceeds of the sale of such lands the court may have cancellation of the same entered on the record thereof. The foregoing does not relieve any judgment, mortgage, or other lien creditor of the duty, as provided otherwise by law, of releasing or canceling such liens. Each release satisfaction or cancellation provided for herein must refer by proper notation to the file number of such estate in the court. The provisions of this section do not apply when the order of sale directs the sale of any lands which must be sold subject to any existing mortgage, judgment, or other lien, but only when such lands are sold freed and discharged from all such liens.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 62; 1990 Act No. 521, Section 79; 1997 Act No. 34, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 4 - Local And Foreign Personal Representatives; Ancillary Administration › Section 62-4-101. Definitions.

In this article [Sections 62-4-101 et seq.]:
(1) "Local administration" means administration by a personal representative appointed in this State pursuant to appointment proceedings described in Article 3 [Sections 62-3-101 et seq.].
(2) "Local personal representative" includes any personal representative appointed in this State pursuant to appointment proceedings described in Article 3 [Sections 62-3-101 et seq.] and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to Section 62-4-205.
(3) "Resident creditor" means a person domiciled in, or doing business in, this State who is, or could be, a claimant against an estate of a nonresident decedent.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 4 - Local And Foreign Personal Representatives; Ancillary Administration › Section 62-4-201. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.

At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock, or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of his appointment and an affidavit made by or on behalf of the representative stating:
(1) the date of the death of the nonresident decedent;
(2) that no local administration, or application or petition therefor, is pending in this State;
(3) that the domiciliary foreign personal representative is entitled to payment or delivery.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 4 - Local And Foreign Personal Representatives; Ancillary Administration › Section 62-4-202. Payment or delivery discharges.

Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property or of the instrument evidencing a debt, obligation, stock, or chose in action to the same extent as if payment or delivery had been made to a local personal representative.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 63; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 4 - Local And Foreign Personal Representatives; Ancillary Administration › Section 62-4-203. Resident creditor notice.

Payment or delivery under Section 62-4-201 may not be made if a resident creditor of the nonresident decedent has given written notice to the debtor of the nonresident decedent or the person having possession of the personal property or of the instrument evidencing a debt, obligation, stock, or chose in action belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 64; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 4 - Local And Foreign Personal Representatives; Ancillary Administration › Section 62-4-204. Proof of authority; bond.

If no local administration or application or petition therefor is pending in this State, a domiciliary foreign personal representative may file with a court in this State in a county in which property belonging to the decedent is located, authenticated copies of his appointment and of the will, if any. The filing of a bond shall not be required unless the court in its discretion orders it.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
Effect of Amendment
The 2013 amendment substituted "appointment and of the will, if any" for ", the will, if any, and of any official bond he has given, which bond shall name the court in this State as co-obligee on such bond", and added the second sentence, relating to filing of bond.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 4 - Local And Foreign Personal Representatives; Ancillary Administration › Section 62-4-205. Powers.

A domiciliary foreign personal representative who has complied with Section 62-4-204 may exercise as to assets (including real and personal property) in this State all powers of a local personal representative and may maintain actions and proceedings in this State subject to any conditions imposed upon nonresident parties generally.
HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 80; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 4 - Local And Foreign Personal Representatives; Ancillary Administration › Section 62-4-206. Power of representatives in transition.

The power of a domiciliary foreign personal representative under Section 62-4-201 or 62-4-205 shall be exercised only if there is no administration or application therefor pending in this State. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under Section 62-4-205, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in this State.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 4 - Local And Foreign Personal Representatives; Ancillary Administration › Section 62-4-207. Ancillary and other local administrations; governing provision.

In respect to a nonresident decedent, the provisions of Article 3 [Sections 62-3-101 et seq.] govern (1) proceedings, if any, in a court of this State for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration. The initiation of a proceeding under Article 3 (Sections 62-3-101 et seq.) is the appropriate procedure for an ancillary administration relating to the real property of a nonresident decedent located in this State and is an alternative to the procedures available to a foreign personal representative under Sections 62-4-201 through 62-4-206.
HISTORY: 1986 Act No. 539, Section 1; 2000 Act No. 398, Section 9; 2013 Act No. 100, Section 1, eff January 1, 2014.
Effect of Amendment
The 2013 amendment inserted at the end "and is an alternative to the procedures available to a foreign personal representative under Sections 62-4-201 through 62-4-206".
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 4 - Local And Foreign Personal Representatives; Ancillary Administration › Section 62-4-301. Jurisdiction by act of foreign personal representative.

A foreign personal representative submits personally to the jurisdiction of the courts of this State in any proceeding relating to the estate by (1) filing authenticated copies of his appointment as provided in Section 62-4-204, (2) receiving payment of money or taking delivery of personal property under Section 62-4-201, or (3) doing any act as a personal representative in this State which would have given the State jurisdiction over him as an individual. Jurisdiction under (2) is limited to the money or value of personal property collected.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 4 - Local And Foreign Personal Representatives; Ancillary Administration › Section 62-4-302. Jurisdiction by act of decedent.

In addition to jurisdiction conferred by Section 62-4-301, a foreign personal representative is subject to the jurisdiction of the courts of this State to the same extent that his decedent was subject to jurisdiction immediately prior to death.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 4 - Local And Foreign Personal Representatives; Ancillary Administration › Section 62-4-303. Service on foreign personal representative.

(a) Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this State on either the foreign personal representative or his decedent immediately prior to death.
(b) If service is made upon a foreign personal representative as provided in subsection (a), he shall be allowed thirty days within which to appear or respond.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 4 - Local And Foreign Personal Representatives; Ancillary Administration › Section 62-4-401. Effect of adjudication for or against personal representative.

An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication; provided, however, that notice and the opportunity to defend must be given to the local representative in order that the judgment be collectible.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-102. Consolidation of proceedings.

When both guardianship proceedings and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
HISTORY: 1986 Act No. 539, Section 1; 1988 Act No. 659, Section 5; 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-104. Director of Department of Mental Health or his designee may act as conservator.

If a patient of a state mental health facility has no legally appointed conservator, the Director of the Department of Mental Health or his designee, may receive and accept, for the use and benefit of the patient, assets which may be due the patient by inheritance, gift, pension, or otherwise with a net aggregate amount not exceeding fifteen thousand dollars in one calendar year. The director or his designee may act as conservator for the patient and his endorsement or receipt discharges the obligor for any assets received. Upon receipt, the director or his designee shall apply the assets for the proper maintenance, use, and benefit of the patient. In the event the patient dies leaving an unexpended balance of assets in the hands of the director or his designee, the director or his designee shall apply the balance first to the funeral expenses of the patient, and any balance remaining must be held by the director or his designee for a period of six months; if within that period, the director or his designee is not contacted by the personal representative of the deceased patient, the balance of the assets may be applied to the maintenance and medical care account of the deceased patient. The director or his designee must, within thirty days following the death of the patient, notify the court in the county in which the patient resided at the time of admission to the department's facility of the death of the patient and provide a list of any property belonging to the patient and held by the department. Upon appointment of a conservator for a patient of a state mental health facility, the director shall deliver any assets of the protected person to the conservator and provide an accounting of the management of those assets.
HISTORY: 1986 Act No. 539, Section 1; 1993 Act No. 83, Section 1; 1993 Act No. 181, Section 1611. Formerly Code 1976 Section 62-5-105, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-105. Costs and expenses; attorney's fees.

(A) 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 assets of a ward or protected person who is the subject of a formal proceeding.
(B) If not otherwise compensated for services rendered, the court-appointed guardian ad litem, counsel for the alleged incapacitated individual, counsel for the minor, and designated examiner are entitled to reasonable compensation, as determined by the court.
(C) Unless the court issues an order stating otherwise, petitioners are responsible for their own attorney's fees and costs, as well as the other costs and expenses of the action.
HISTORY: 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-107. Finding of incapacity.

Unless an order of the court specifies otherwise, a finding of incapacity is not a determination that the protected person or ward lacks testamentary capacity or the capacity to create, amend, or revoke a revocable trust.
HISTORY: 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-201. Jurisdiction.

Exclusive jurisdiction of the court is set forth in Sections 62-1-302 and 62-5-701 as to appointment of a guardian or issuance of a protective order. Pursuant to the court's authority to appoint a guardian, and Section 62-5-309, the guardian has the authority to maintain custody of the person of the ward and to establish the ward's place of abode, unless otherwise specified in the court's order. Other than the proceeding set forth in Section 62-5-303(C), the court does not have jurisdiction over the care, custody, and control of the person of a minor, but does have jurisdiction over the property of a minor if the court determines that the minor owns property that requires management or protection.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 66; 1988 Act No. 659, Section 5. Formerly Code 1976 Sections 62-5-102 and 62-5-201, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019; 2023 Act No. 10 (S.341), Section 2, eff May 8, 2023.
Effect of Amendment
2023 Act No. 10, Section 2, in the third sentence, substituted "Other than the proceeding set forth in Section 62-5-303(C), the" for "The".