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

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.