H*3477 Session 109 (1991-1992)
H*3477(Rat #0214, Act #0143 of 1991) General Bill, By R.A. Barber, Bailey,
D.W. Beatty, J. Brown, P.M. Burch, Cato, C.D. Chamblee, J.D. Cole, R.S. Corning,
L.L. Elliott, J.V. Gregory, Haskins, D.N. Holt, T.E. Huff, J.C. Johnson,
J.W. Johnson, K.G. Kempe, J.R. Klapman, Koon, Lanford, J. Rama, Scott, R. Smith,
C.L. Sturkie, Vaughn, C.Y. Waites, Wilkes, Wilkins, J.B. Williams, D.A. Wright and
Young-Brickell
A Bill to amend Section 62-3-1001, as amended, Code of Laws of South Carolina,
1976, relating to the filing in Probate Court of certain documents by a
personal representative, so as to extend from thirty to ninety days the period
the documents must be filed after the representative receives a state or
federal estate tax closing letter.
02/12/91 House Introduced and read first time HJ-3
02/12/91 House Referred to Committee on Judiciary HJ-3
04/17/91 House Committee report: Favorable Judiciary HJ-15
04/25/91 House Read second time HJ-67
04/25/91 House Unanimous consent for third reading on next
legislative day HJ-68
04/26/91 House Read third time and sent to Senate HJ-1
04/29/91 Senate Introduced and read first time SJ-5
04/29/91 Senate Referred to Committee on Judiciary SJ-5
05/22/91 Senate Committee report: Favorable Judiciary SJ-12
05/23/91 Senate Read second time SJ-31
06/05/91 Senate Read third time and enrolled SJ-72
06/06/91 Ratified R 214
06/12/91 Signed By Governor
06/12/91 Effective date 06/12/91
06/12/91 Act No. 143
06/25/91 Copies available
(A143, R214, H3477)
AN ACT TO AMEND SECTION 62-3-1001, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING
IN PROBATE COURT OF CERTAIN DOCUMENTS BY A PERSONAL
REPRESENTATIVE, SO AS TO EXTEND FROM THIRTY TO NINETY
DAYS THE PERIOD THE DOCUMENTS MUST BE FILED AFTER
THE REPRESENTATIVE RECEIVES A STATE OR FEDERAL
ESTATE TAX CLOSING LETTER.
Be it enacted by the General Assembly of the State of South Carolina:
Filing period
SECTION 1. Section 62-3-1001(a) of the 1976 Code, as last amended
by Act 521 of 1990, is further amended to read:
"(a) Within one year after the date of the first publication of
notice to creditors (or if a state or federal estate tax return was filed, within
ninety days after the receipt of a state or federal estate tax closing letter,
whichever is later), a personal representative must file with the court:
(1) a full account in writing of his administration;
(2) a proposal for distribution;
(3) a petition for settlement of the estate, which may request the
court to determine testacy if not previously determined, to consider the
final account or approve an accounting and distribution, to construe any
will or determine heirs, and adjudicate the final settlement and distribution
of the estate; and
(4) proof that a notice of right to demand hearing and copies of
the account, the proposal for distribution, and the petition for settlement of
the estate have been sent to all interested persons including all creditors or
other claimants of whom the personal representative is aware whose claims
are neither paid nor barred."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1991. |