Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

H. 3134

STATUS INFORMATION

General Bill
Sponsors: Rep. Scott
Document Path: l:\council\bills\pt\1144mm03.doc

Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary

Summary: Probate proceedings moved to circuit court, good cause

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/4/2002  House   Prefiled
   12/4/2002  House   Referred to Committee on Judiciary
   1/14/2003  House   Introduced and read first time HJ-57
   1/14/2003  House   Referred to Committee on Judiciary HJ-57

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/4/2002

TO AMEND SECTION 62-1-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO PROVIDE THAT THE MOVING PARTY MUST SHOW, AND THE PROBATE COURT MUST FIND, GOOD CAUSE FOR REMOVAL OF A PROBATE PROCEEDING TO THE CIRCUIT COURT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 62-1-302(c) of the 1976 Code, as last amended by Act 152 of 1997, is further amended to read:

"(c)(1)    Notwithstanding the exclusive jurisdiction of the probate court over the foregoing matters, any an action or a proceeding filed in the probate court and relating to the following subject matters, on motion of a party and upon a finding by the court of good cause, or by the court on its own motion, made not later than ten days following the date on which all responsive pleadings must be filed, must be removed to the circuit court and in these cases the circuit court shall proceed upon the matter de novo:

(1)(a)    formal proceedings for the probate of wills and for the appointment of personal representatives;

(2)(b)    construction of wills;

(3)(c)    actions to try title;

(4)(d)    trusts;

(5)(e)    actions in which a party has a right to trial by jury and which involve an amount in controversy of at least five thousand dollars in value; and

(6)(f)    actions concerning gifts made pursuant to the South Carolina Uniform Gifts to Minors Act, Section 20-7-140 et seq Subarticle 5, Article 3, Chapter 7, Title 20.

(2)    The probate court shall hold a hearing on a party's motion for removal and issue a written order making a specific factual finding that good cause for the removal exists or does not exist.

(3)    The removal to the circuit court of an action or a proceeding within the exclusive jurisdiction of the probate court applies only to the particular action or proceeding removed, and the probate court otherwise retains continuing exclusive jurisdiction."

SECTION    2.    This act takes effect upon approval by the Governor.

This web page was last updated on Monday, December 7, 2009 at 10:24 A.M.