reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-706. Testimony of witness located in another state.

(A) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this State for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(B) In a guardianship or protective proceeding, a court in this State may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. The court shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(C) Documentary evidence transmitted from another state to a court of this State by technological means that does not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
Effect of Amendment
2017 Act No. 87, Section 5.B, in (C), substituted "that does not" for "that do not".
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-707. Jurisdiction of court.

The court has jurisdiction to appoint a guardian or issue a protective order for an alleged incapacitated individual if:
(A) this State is the alleged incapacitated individual's home state;
(B) on the date the petition is filed, this State is a significant-connection state; and
(1) the alleged incapacitated individual does not have a home state or a court of the alleged incapacitated individual's home state has declined to exercise jurisdiction because this State is a more appropriate forum; or
(2) the alleged incapacitated individual has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and, before the court makes the appointment or issues the order:
(a) a petition for an appointment or order is not filed in the alleged incapacitated individual's home state;
(b) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(c) the court concludes that it is an appropriate forum pursuant to the factors provided in Section 62-5-710(C);
(C) this State does not have jurisdiction pursuant to either subsections (A) or (B), the alleged incapacitated individual's home state and all significant-connection states have declined to exercise jurisdiction because this State is the more appropriate forum, and jurisdiction in this State is consistent with the constitutions of this State and the United States; or
(D) the requirements for special jurisdiction pursuant to Section 62-5-708 are met.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
Effect of Amendment
2017 Act No. 87, Section 5.B, substituted "alleged incapacitated individual" for "respondent" and "alleged incapacitated individual's" for "respondent's" throughout; in (C), substituted "subsections (A) or (B)" for "item (1) or (2)"; and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-708. Special jurisdiction.

(A) The court lacking jurisdiction pursuant to Sections 62-5-707 (A) through (C) has special jurisdiction to do any of the following:
(1) appoint a guardian in an emergency pursuant to this article for a term not exceeding ninety days for an alleged incapacitated individual who is physically present in this State;
(2) issue a protective order with respect to real or tangible personal property located in this State; or
(3) appoint a guardian or conservator for an incapacitated individual or protected person for whom a provisional order to transfer the proceeding from another state has been issued pursuant to procedures similar to Section 62-5-714.
(B) If a petition for the appointment of a guardian in an emergency is brought in this State pursuant to this article and this State was not the alleged incapacitated individual's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
Effect of Amendment
2017 Act No. 87, Section 5.B, in (A), substituted "Sections 62-5-707 (A) through (C)" for "Section 62-5-707(1) through (3)"; in (A)(1), substituted "an alleged incapacitated individual" for "a respondent"; in (A)(3), inserted "individual" following "for an incapacitated"; and in (B), substituted "alleged incapacitated individual's" for "respondent's".
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-709. Exclusive and continuing jurisdiction; exception.

Except as otherwise provided in Section 62-5-708, a court that has appointed a guardian or issued a protective order consistent with this article has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order has expired by its own terms.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
Effect of Amendment
2017 Act No. 87, Section 5.B, substituted "has expired" for "expires".
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-710. Declining jurisdiction; more appropriate forum; dismissal or stay of proceeding.

(A) The court having jurisdiction pursuant to Section 62-5-707 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(B) If the court declines to exercise its jurisdiction pursuant to subsection (A), it either shall dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(C) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) the expressed preference of the alleged incapacitated individual;
(2) whether abuse, neglect, or exploitation of the alleged incapacitated individual has occurred or is likely to occur and which state could best protect the alleged incapacitated individual from the abuse, neglect, or exploitation;
(3) the length of time the alleged incapacitated individual was physically present in or was a legal resident of this or another state;
(4) the distance of the alleged incapacitated individual from the court in each state;
(5) the financial circumstances of the alleged incapacitated individual's estate;
(6) the nature and location of the evidence;
(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) the familiarity of the court of each state with the facts and issues in the proceeding; and
(9) if an appointment is made, the court's ability to monitor the conduct of the guardian or conservator.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
Effect of Amendment
2017 Act No. 87, Section 5.B, in (B), substituted "either shall dismiss" for "shall either dismiss"; in (C)(1) through (C)(4), substituted "alleged incapacitated individual" for "respondent"; and in (C)(5), substituted "alleged incapacitated individual's" for "respondent's".
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-711. Jurisdiction acquired due to unjustifiable conduct; assessment of reasonable expenses against responsible party.

(A) If at any time the court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the alleged incapacitated individual or the protection of the alleged incapacitated individual's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3) continue to exercise jurisdiction after considering:
(a) the extent to which the alleged incapacitated individual and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(b) whether it is a more appropriate forum than the court of any other state pursuant to the factors provided in Section 62-5-710(C); and
(c) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Section 62-5-708.
(B) If the court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this State or a governmental subdivision, agency, or instrumentality of this State unless authorized by law other than this article.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
Effect of Amendment
2017 Act No. 87, Section 5.B, in (A)(2) and (A)(3)(a), substituted "alleged incapacitated individual" for "respondent", and in (A)(2), substituted "alleged incapacitated individual's" for "respondent's".
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-712. Notice requirements to alleged incapacitated individual's home state.

If a petition for the appointment of a guardian or issuance of a protective order is brought in this State and this State was not the alleged incapacitated individual's home state on the date the petition was filed, in addition to complying with the notice requirements of this State, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the alleged incapacitated individual's home state. The notice must be given in the same manner as notice is required to be given in this State.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
Effect of Amendment
2017 Act No. 87, Section 5.B, twice substituted "alleged incapacitated individual's" for "respondent's".
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-713. Rules for dealing with conflicting petitions in this and another state.

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this State pursuant to Section 62-5-708(A)(1) or (2), if a petition for the appointment of a guardian or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(A) if the court has jurisdiction pursuant to Section 62-5-707, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to Section 62-5-707 before the appointment or issuance of the order; or
(B) if the court does not have jurisdiction pursuant to Section 62-5-707, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this State shall dismiss the petition unless the court in the other state determines that the court in this State is a more appropriate forum.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
Effect of Amendment
2017 Act No. 87, Section 5.B, changed the paragraph designators from (1) and (2) to (A) and (B), and in (A), substituted "order; or" for "order.".
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 5 - Protection Of Persons Under Disability And Their Property › Section 62-5-715. Confirmation of transfer from another state; petition to accept guardianship or conservatorship; determination of needed modification.

(A) To confirm transfer of a guardianship or conservatorship to this State under provisions similar to Section 62-5-714, the guardian or conservator must petition the court in this State to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.
(B) Notice of a petition pursuant to subsection (A) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this State. The notice must be given in the same manner as notice is required to be given in this State.
(C) On the court's own motion or on request of the guardian or conservator, the ward or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (A), except that a hearing must not be required if a consent order is signed by all parties who have pled, defended, or otherwise participated in the proceeding, as provided by the South Carolina Rules of Civil Procedure.
(D) The court shall issue an order provisionally granting a petition filed pursuant to subsection (A) unless:
(1) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the ward or protected person; or
(2) the guardian or conservator is ineligible for appointment in this State.
(E) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this State upon its receipt of a final order from the court from which the proceeding is being transferred, when that final order is issued pursuant to provisions similar to Section 62-5-714 transferring the proceeding to this State.
(F) Not later than ninety days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the laws of this State.
(G) In granting a petition pursuant to this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the ward or protected person's incapacity and the appointment of the guardian or conservator.
(H) The denial by the court of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this State pursuant to another provision of this article if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, 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 62-5-716. Registration of orders from another state; powers in this state.

(A) If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this State by filing as a foreign judgment in the court, in any appropriate county of this State, certified copies of the order and letters of office. The court shall treat this as the filing of authenticated or certified records and shall charge the fees set forth in Section 8-21-770. The court will then issue a certificate of registration. The guardian shall file the certificate, along with a copy of his fiduciary letters of office in county real estate records.
(B) If a conservator has been appointed in another state and a petition for a protective order is not pending in this State, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this State by filing as a foreign judgment in the Probate Court, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. The court shall treat this as the filing of authenticated or certified records and shall charge the fees set forth in Section 8-21-770 for the filing of such documents. The court will then issue a certificate of registration. The conservator shall file the certificate, along with a copy of the fiduciary letters in the county real estate records.
(C)(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining actions and proceedings in this State and, if the guardian or conservator is not a resident of this State, subject to any conditions imposed upon nonresident parties.
(2) A probate court of this State may grant any relief available pursuant to the provisions of this article and other laws of this State to enforce a registered order.
HISTORY: 2010 Act No. 213, Section 1, eff January 1, 2011; 2017 Act No. 87 (S.415), Section 5.B, eff January 1, 2019.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 6 - Nonprobate Transfers › Section 62-6-102. Applicability of article.

This article does not apply to: (i) an account established for a partnership, joint venture, or other organization for a business purpose, (ii) an account controlled by one or more persons as an agent or trustee for a corporation, unincorporated association, or charitable or civic organization, or (iii) a fiduciary or trust account in which the relationship is established other than by the terms of the account.
HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 6 - Nonprobate Transfers › Section 62-6-103. Accounts.

(a) An account may be for a single party or multiple parties. A multiple-party account may be with or without a right of survivorship between the parties. Subject to Section 62-6-202(c), either a single-party account or a multiple-party account may have a POD designation, an agency designation, or both.
(b) An account established after January 1, 2014, whether in the form prescribed in Section 62-6-104 or in any other form, is either a single-party account or a multiple-party account, with or without right of survivorship, and with or without a POD designation or an agency designation, within the meaning of this subpart, and is governed by this article.
HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 6 - Nonprobate Transfers › Section 62-6-104. Short forms for single- and multiple-party accounts.

(a) A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of this subpart applicable to an account of that type:
UNIFORM SINGLE-OR MULTIPLE-PARTY ACCOUNT FORM
PARTIES [Name One or More Parties]:
OWNERSHIP [Select One And Initial]:
__SINGLE-PARTY ACCOUNT
__MULTIPLE-PARTY ACCOUNT
Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent.
RIGHTS AT DEATH [Select One And Initial]:
If Single-Party Account is chosen above, choose one of following:
__SINGLE-PARTY ACCOUNT
At death of party, ownership passes as part of party's estate.
__SINGLE-PARTY ACCOUNT WITH POD (PAY ON DEATH) DESIGNATION
[Name One Or More Beneficiaries]:
At death of party, ownership passes to POD beneficiaries and is not part of party's estate.
If Multiple-Party Account is chosen above, choose one of following:
__MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP
At death of party, ownership passes to surviving parties. The last surviving party owns the entire account. (Note: This can be overridden by clear and convincing evidence of a contrary intent.)
__MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND POD (PAY ON DEATH) DESIGNATION
[Name One Or More Beneficiaries]:
At death of last surviving party, ownership passes to POD beneficiaries and is not part of last surviving party's estate.
__MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP
At death of party, deceased party's ownership passes as part of deceased party's estate.
DESIGNATION OF AGENT FOR ACCOUNT [Optional]
Agents may make account transactions for parties but have no ownership or rights at death unless named as POD beneficiaries.
[To Add Agency Designation To Account, Name One Or More Agents]:
[Select One And Initial]:
______AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES
______AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES
(b) A contract of deposit that does not contain provisions in substantially the form provided in subsection (a) is governed by the provisions of this article applicable to the type of account that most nearly conforms to the depositor's intent.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 70; 1990 Act No. 521, Section 88; 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 6 - Nonprobate Transfers › Section 62-6-105. Designation of agent; authority of agent.

By a writing signed by all parties, the parties may designate as agent of all parties on an account a person other than a party. Unless the terms of an agency designation provide that the authority of the agent terminates on disability or incapacity of a party, the agent's authority survives disability and incapacity. The agent may act for a disabled or incapacitated party until the authority of the agent is terminated. Death of the sole party or last surviving party terminates the authority of an agent. The designated agent on an account is authorized to make all transactions on the account that the party can make, including, but not limited to, closing the account. An agent serving under a durable power of attorney can change, modify, or revoke an agent designated on an account.
HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 6 - Nonprobate Transfers › Section 62-6-106. Applicability of Part 2.

The provisions of Part 2 concerning beneficial ownership as between parties or as between parties and beneficiaries apply only to controversies between those persons and their creditors and other successors, and do not apply to the right of those persons to payment as determined by the terms of the account. Part 3 governs the liability and set-off rights of financial institutions that make payments pursuant to it.
HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 6 - Nonprobate Transfers › Section 62-6-201. Ownership during lifetime.

(A) During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit, unless there is clear and convincing evidence of a different intent.
(B) A beneficiary in an account having a POD designation has no right to sums on deposit during the lifetime of any party.
(C) An agent in an account with an agency designation has no beneficial right to sums on deposit.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 69; 1976 Code Section 62-6-103; 2013 Act No. 100, Section 2, 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 6 - Nonprobate Transfers › Section 62-6-202. Right of survivorship.

(a) Except as otherwise provided in this subpart, on death of a party sums on deposit in a multiple-party account belong to the surviving party or parties. If two or more parties survive and one is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under Section 62-6-201 belongs to the surviving spouse. If two or more parties survive and none is the surviving spouse of the decedent, the amount to which the decedent, immediately before death, was beneficially entitled under Section 62-6-201 belongs to the surviving parties in equal shares, and augments the proportion to which each survivor, immediately before the decedent's death, was beneficially entitled under Section 62-6-201, and the right of survivorship continues between the surviving parties.
(b) In an account with a POD designation:
(1) on death of one of two or more parties, the rights in sums on deposit are governed by subsection (a);
(2) on death of the sole party or the last survivor of two or more parties, sums on deposit belong to the surviving beneficiary or beneficiaries. If two or more beneficiaries survive, sums on deposit belong to them in equal and undivided shares, and there is no right of survivorship in the event of death of a beneficiary thereafter. If no beneficiary survives, sums on deposit belong to the estate of the last surviving party.
(c) Sums on deposit in a single-party account without a POD designation, or in a multiple-party account that, by the terms of the account, is without right of survivorship, are not affected by death of a party, but the amount to which the decedent, immediately before death, was beneficially entitled under Section 62-6-201 is transferred as part of the decedent's estate. A POD designation in a multiple-party account without right of survivorship is ineffective. For purposes of this section, designation of an account as a tenancy in common establishes that the account is without right of survivorship.
(d) The ownership right of a surviving party or beneficiary, or of the decedent's estate, in sums on deposit is subject to requests for payment made by a party before the party's death, whether paid by the financial institution before or after death, or unpaid. The surviving party or beneficiary, or the decedent's estate, is liable to the payee of an unpaid request for payment. The liability is limited to a proportionate share of the amount transferred under this section, to the extent necessary to discharge the request for payment.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 70; 1990 Act No. 521, Section 88; 1976 Code Section 62-6-104; 2013 Act No. 100, Section 2, 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 6 - Nonprobate Transfers › Section 62-6-203. Rights of parties and beneficiaries.

(a) Rights at death of a party under Section 62-6-202 are determined by the terms of the account at the death of the party. A party may alter the terms of the account by a notice signed by the party and given to the financial institution to change the terms of the account or to stop or vary payment under the terms of the account. To be effective the notice must be received by the financial institution during the party's lifetime.
(b) A right of survivorship arising from the express terms of the account under Section 62-6-202 may be altered by clear and convincing evidence, including but not limited to express provisions in a will.
(c) A multiple-party account of husband and wife is presumed to be joint with right of survivorship unless clear and convincing evidence shows survivorship was not the intent of the party.
HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 6 - Nonprobate Transfers › Section 62-6-204. Transfers not testamentary.

A transfer resulting from the application of Section 62-6-202 is effective by reason of the terms of the account involved and this part and is not testamentary or subject to Articles 1 through 4 (estate administration) unless there is clear and convincing evidence that the deceased party did not intend for the account to be joint with right of survivorship.
HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 6 - Nonprobate Transfers › Section 62-6-205. Rights of creditors.

Subject to the provisions contained in Section 62-3-916, no multiple-party account is effective against an estate of a deceased party to transfer to a survivor sums needed to pay debts, taxes, and expenses of administration, if other assets of the estate are insufficient. A surviving party or beneficiary who receives payment from a multiple-party account after the death of a deceased party is liable to account to his personal representative for amounts the decedent owned beneficially immediately before his death to the extent necessary to discharge the claims and charges mentioned above remaining unpaid after application of the decedent's estate. No proceeding to assert this liability may be commenced unless the personal representative has received a written demand by a creditor of the decedent, and no proceeding may be commenced later than one year following the death of the decedent. Sums recovered by the personal representative must be administered as part of the decedent's estate. This section does not affect the right of a financial institution to make payment on multiple-party accounts according to the terms of the account or make it liable to the estate of a deceased party unless, before payment, the institution has been served with an order of the probate court.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 71; 1976 Code Section 62-6-107; 2013 Act No. 100, Section 2, eff January 1, 2014.
Effect of Amendment
The 2013 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 6 - Nonprobate Transfers › Section 62-6-301. Contract of deposit for a multiple-party account.

A financial institution may enter into a contract of deposit for a multiple-party account to the same extent it may enter into a contract of deposit for a single-party account, and may provide for a POD designation and an agency designation in either a single-party account or a multiple-party account. A financial institution need not inquire as to the source of a deposit to an account or as to the proposed application of a payment from an account.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 72; 1976 Code Section 62-6-108; 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 6 - Nonprobate Transfers › Section 62-6-302. Multiple-party accounts may be paid on request to one or more parties.

A financial institution, on request, may pay sums on deposit in a multiple-party account:
(1) to one or more of the parties, whether or not another party is disabled, incapacitated, or deceased when payment is requested and whether or not the party making the request survives another party;
(2) to the personal representative of a deceased party, if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account either as a party or beneficiary, unless the account is without right of survivorship under Section 62-6-202; or
(3) in accordance with a court order directing the payment of the sums on deposit.
HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 6 - Nonprobate Transfers › Section 62-6-303. Payment of POD account.

A financial institution, on request, may pay sums on deposit in an account with a POD designation:
(1) to one or more of the parties, whether or not another party is disabled, incapacitated, or deceased when the payment is requested and whether or not a party survives another party;
(2) to the beneficiary or beneficiaries, if proof of death is presented to the financial institution showing that the beneficiary or beneficiaries survived all persons named as parties;
(3) to the personal representative of a deceased party, if proof of death is presented to the financial institution showing that the deceased party was the survivor of all other persons named on the account either as a party or beneficiary; or
(4) in accordance with a court order directing the payment of the sums on deposit.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 74; 1976 Code Section 62-6-110; 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 6 - Nonprobate Transfers › Section 62-6-304. Payment to agent.

A financial institution, on request of an agent under an agency designation for an account, may pay to the agent sums on deposit in the account, whether or not a party is disabled, incapacitated, or deceased when the request is made or received, and whether or not the authority of the agent terminates on the disability or incapacity of a party.
HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 6 - Nonprobate Transfers › Section 62-6-305. Payment to minors.

If a financial institution is required or permitted to make payment pursuant to this part to a minor designated as a beneficiary, payment shall be made as ordered by the court or may be made in accordance with Section 62-5-103.
HISTORY: 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 6 - Nonprobate Transfers › Section 62-6-306. Discharge.

(a) Payment made pursuant to this subpart in accordance with the terms of the account discharges the financial institution from all claims for amounts so paid, whether or not the payment is consistent with the beneficial ownership of the account as between parties, beneficiaries, or their successors. Payment may be made whether or not a party, beneficiary, or agent is disabled, incapacitated, or deceased when payment is requested, received, or made.
(b) Protection under this section does not extend to payments made after a financial institution has received written notice from a party, or from an agent under a durable power of attorney or a conservator for a party, or from the personal representative of a deceased party, or surviving spouse of a deceased party, to the effect that payments in accordance with the terms of the account, including one having an agency designation, should not be permitted, and the financial institution has had a reasonable opportunity to act on it when the payment is made. Unless the notice is withdrawn by the person giving it, the successor of any deceased party must concur in a request for payment if the financial institution is to be protected under this section. Unless a financial institution has been served with process or a court order in an action or proceeding, no other notice or other information shown to have been available to the financial institution affects its right to protection under this section.
(c) A financial institution that receives written notice pursuant to this section or otherwise has reason to believe that a dispute exists as to the rights of the parties may refuse, without liability, to make payments in accordance with the terms of the account.
(d) Protection of a financial institution under this section does not affect the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of sums on deposit in accounts or payments made from accounts.
HISTORY: 1986 Act No. 539, Section 1; 1976 Code Section 62-6-112; 2013 Act No. 100, Section 2, 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 6 - Nonprobate Transfers › Section 62-6-307. Set-off.

Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to set-off against the account in which the party has or had immediately before his death a present right of withdrawal. The amount of the account subject to set-off is that proportion to which the debtor is, or was immediately before his death, beneficially entitled, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal.
HISTORY: 1986 Act No. 539, Section 1; 1976 Code Section 62-6-113; 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 7 - South Carolina Trust Code › Section 62-7-101. Short title.

This article may be cited as the South Carolina Trust Code. In this article, unless the context clearly indicates otherwise, "Code" means the South Carolina Trust Code.
HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
Effect of Amendment
The 2013 amendment substituted "means" for "shall mean".
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 7 - South Carolina Trust Code › Section 62-7-102. Scope.

This article applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust. The term 'express trust' includes both testamentary and inter vivos trusts, regardless of whether the trustee is required to account to the probate court, and includes, but is not limited to, all trusts defined in Section 62-1-201(49). This article does not apply to constructive trusts, resulting trusts, conservatorships administered by conservators as defined in Section 62-1-201(6), administration of decedent's estates, all multiple party accounts referred to in Section 62-6-101 et seq., custodial arrangements, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, or any arrangement under which a person is nominee or escrowee for another.
HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 7 - South Carolina Trust Code › Section 62-7-104. Knowledge.

(a) Subject to subsection (b), a person has knowledge of a fact if the person:
(1) has actual knowledge of it;
(2) has received a notice or notification of it; or
(3) from all the facts and circumstances known to the person at the time in question, has reason to know it.
(b) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.
HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 7 - South Carolina Trust Code › Section 62-7-105. Default and mandatory rules.

(a) Except as otherwise provided in the terms of the trust, this article governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.
(b) The terms of a trust prevail over any provision of this article except:
(1) the requirements for creating a trust;
(2) the duty of a trustee to act in good faith and in accordance with the purposes of the trust;
(3) the requirement that a trust and its terms be for the benefit of its beneficiaries, and that the trust have a purpose that is lawful and possible to achieve;
(4) the power of the court to modify or terminate a trust under Sections 62-7-410 through 62-7-416;
(5) the effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in Part 5;
(6) the limitations on the ability of a settlor's agent under a power of attorney to revoke, amend, or make distributions from a revocable trust pursuant to Section 62-7-602A;
(7) the power of the court under Section 62-7-708(b) to adjust a trustee's compensation specified in the terms of the trust which is unreasonably low or high;
(8) the effect of an exculpatory term under Section 62-7-1008;
(9) the rights under Sections 62-7-1010 through 62-7-1013 of a person other than a trustee or beneficiary;
(10) periods of limitation for commencing a judicial proceeding;
(11) the power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and
(12) the subject matter jurisdiction of the court and venue for commencing a proceeding as provided in Sections 62-7-201 and 62-7-204.
HISTORY: 2005 Act No. 66, Section 1; 2010 Act No. 244, Section 45, eff June 7, 2010; 2013 Act No. 100, Section 2, eff January 1, 2014.
Effect of Amendment
The 2013 amendment in subsection (b)(6) substituted "62-7-602A" for "62-7-602(e)".
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 7 - South Carolina Trust Code › Section 62-7-106. Common law of trusts; principles of equity.

The common law of trusts and principles of equity supplement this article, except to the extent modified by this article or another statute of this State.
HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 7 - South Carolina Trust Code › Section 62-7-107. Governing law.

The meaning and effect of the terms of a trust are determined by:
(1) the law of the jurisdiction designated in the terms of the trust; or
(2) in the absence of a controlling designation in the terms of the trust, the law of the jurisdiction having the most significant relationship to the matter at issue.
HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 7 - South Carolina Trust Code › Section 62-7-109. Methods and waiver of notice.

(a) Notice to a person under this article or the sending of a document to a person under this article must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed electronic message.
(b) Notice otherwise required under this article or a document otherwise required to be sent under this article need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee.
(c) Notice under this article or the sending of a document under this article may be waived by the person to be notified or sent the document.
(d) If notice of a hearing on any petition is required and, except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice shall be given:
(1) by mailing a copy thereof at least twenty days before the time set for the hearing by certified, registered, or ordinary first class mail addressed to the person being notified at the post office address given in his request for notice, if any, or at his office or place of residence, if known;
(2) by delivering a copy thereof to the person being notified personally at least twenty days before the time set for the hearing; or
(3) if the address or identity of any person is not known and cannot be ascertained with reasonable diligence by publishing a copy thereof in the same manner as required by law in the case of the publication of a summons for an absent defendant in the court of common pleas.
(e) The court for good cause shown may provide for a different method or time of giving notice for any hearing.
(f) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding.
HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 7 - South Carolina Trust Code › Section 62-7-110. Requirement of notice to others.

(a) Whenever notice to qualified beneficiaries of a trust is required under this article, the trustee must also give notice to any other beneficiary who has sent the trustee a request for notice.
(b) A charitable organization expressly designated to receive distributions under the terms of a charitable trust has the rights of a qualified beneficiary under this article if the charitable organization, on the date the charitable organization's qualification is being determined:
(A) is a distributee or permissible distributee of trust income or principal;
(B) would be a distributee or permissible distributee of trust income or principal upon the termination of the interests of other distributees or permissible distributees then receiving or eligible to receive distributions; or
(C) would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.
(c) A person appointed to enforce a trust created for the care of an animal or another noncharitable purpose as provided in Section 62-7-408 or 62-7-409 has the rights of a qualified beneficiary under this article.
HISTORY: 2005 Act No. 66, Section 1; 2013 Act No. 100, Section 2, eff January 1, 2014.