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H. 3916
STATUS INFORMATION
General Bill
Sponsors: Rep. Sinclair
Document Path: l:\council\bills\pt\1449mm03.doc
Introduced in the House on April 2, 2003
Currently residing in the House Committee on Judiciary
Summary: Probate Court, jurisdiction of ; validity of marriage and paternity
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/2/2003 House Introduced and read first time HJ-7
4/2/2003 House Referred to Committee on Judiciary HJ-7
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE JURISDICTION OF THE FAMILY COURT, SO AS TO DELETE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS AS TO THE VALIDITY OF MARRIAGES AND THE PATERNITY OF AN INDIVIDUAL, AND TO PROVIDE FOR CONCURRENT JURISDICTION WITH THE FAMILY COURT AND THE PROBATE COURT IN THOSE ACTIONS; AND TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION IN THE PROBATE COURT, SO AS TO PROVIDE FOR JURISDICTION TO HEAR AND DETERMINE MATTERS OF VALIDITY OF MARRIAGES AND OF PATERNITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The first undesignated line of Section 20-7-420 of the 1976 Code is amended to read:
"(A) The family court shall have has exclusive jurisdiction to:"
SECTION 2. Section 20-7-420(5) and (7) of the 1976 Code is amended to read:
"(5) To hear and determine actions to determine the validity of marriages. (Reserved)
(7) To hear and determine actions to determine the paternity of an individual. The action may be brought in the county in which the child or the alleged father resides, or is found, or, if the father is deceased, in the county in which proceedings for probate of his estate have been or could be commenced. (Reserved)"
SECTION 3. Section 20-7-420 of the 1976 Code, as last amended by Act 361 of 2002, is further amended by adding at the end:
"(B) The family court and the probate court of each county have concurrent jurisdiction to hear and determine matters concerning the validity of marriages of decedents and paternity of an individual."
SECTION 4. Section 62-1-302 of the 1976 Code, as last amended by Act 152 of 1997, is further amended to read:
"Section 62-1-320. (a) To the full extent permitted by the Constitution, and except as otherwise specifically provided, the probate court has exclusive original jurisdiction over all subject matter related to:
(1) estates of decedents, including the contest of wills, construction of wills, and determination of heirs and successors of decedents and estates of protected persons;
(2) protection of minors, except that jurisdiction over the care, custody, and control of the persons of minors is governed by Section 62-5-201 and incapacitated persons, including the mortgage and sale of personal and real property owned by minors or incapacitated persons as well as gifts made pursuant to the South Carolina Uniform Gifts to Minors Act, Section 20-7-140 et seq., except that jurisdiction for approval of settlement of claims in favor of or against minors or incapacitated persons is governed by Section 62-5-433;
(3) trusts, inter vivos or testamentary, including the appointment of successor trustees;
(4) the issuance of marriage licenses, in form as provided by the Bureau of Vital Statistics of the Department of Health and Environmental Control; record, index, and dispose of copies of marriage certificates; and issue certified copies of the licenses and certificates;
(5) the performance of the duties of the clerk of the circuit and family courts of the county in which the probate court is held when there is a vacancy in the office of clerk of court and in proceedings in eminent domain for the acquisition of rights-of-way by railway companies, canal companies, governmental entities, or public utilities when the clerk is disqualified by reason of ownership of or interest in lands over which it is sought to obtain the rights-of-way; and
(6) the involuntary commitment of persons suffering from mental illness, mental retardation, alcoholism, drug addiction, and active pulmonary tuberculosis.
(b) The court's jurisdiction over matters involving wrongful death or actions under the survival statute is concurrent with that of the circuit court and shall extend only to the approval of settlements as provided in Sections 15-51-41 and 15-51-42, and to the allocation of settlement proceeds among the parties involved in the estate.
(c) The court's jurisdiction to hear and determine paternity matters and validity of marriages of decedents is concurrent with that of the family court, pursuant to Section 20-7-420.
(c)(d) Notwithstanding the exclusive jurisdiction of the probate court over the foregoing matters, any action or proceeding filed in the probate court and relating to the following subject matters, on motion of a party, 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) formal proceedings for the probate of wills and for the appointment of personal representatives;
(2) construction of wills;
(3) actions to try title;
(4) trusts;
(5) 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) actions concerning gifts made pursuant to the South Carolina Uniform Gifts to Minors Act, Section 20-7-140 et seq.
(e) The removal to the circuit court of an action or 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 5. This act takes effect upon approval by the Governor.
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