Current Status Introducing Body:House Bill Number:4151 Primary Sponsor:Rudnick Committee Number:25 Type of Legislation:GB Subject:Probate Code, notice to creditors Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/4596AL.93 Introduced Date:19930428 Last History Body:House Last History Date:19930428 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rudnick Hallman Harwell Richardson P. Harris Corning R. Young Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4151 House 19930428 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 62-3-801, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO CREDITORS UNDER THE PROBATE CODE, SO AS TO DECREASE THE TIME PERIOD; AND TO AMEND SECTION 62-3-803, AS AMENDED, RELATING TO LIMITATION ON CLAIMS, SO AS TO DECREASE THE TIME PERIOD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 62-3-801 of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:
"Section 62-3-801. (a) Unless notice has already been given under this section, a personal representative upon his appointment shall publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing his appointment and address and notifying creditors of the estate to present their claims within eight five months after the date of the first publication of the notice or be forever barred.
(b) A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present his claim within eight five months from the published notice as provided in (a) above, or within sixty days from the mailing or other delivery of such notice, whichever is later, or be forever barred. Written notice is the notice described in (a) above or a similar notice.
(c) The personal representative is not liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section."
SECTION 2. Section 62-3-803(b) of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:
"(b) All claims against a decedent's estate which arise at or after the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows:
(1) a claim based on a contract with the personal representative within eight five months after performance by the personal representative is due;
(2) any other claim, within the later of eight five months after it arises, or the time specified in subsection (a)(1)."
SECTION 3. This act takes effect upon approval by the Governor.