S 1346 General Bill, By Holland
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 27-7-40, SO AS TO PROVIDE THAT FOR ANY DEED OF CONVEYANCE OF REAL ESTATE WHICH
 CONTAINS THE NAMES OF THE GRANTEES FOLLOWED BY THE WORDS 'AS JOINT TENANTS
 WITH RIGHTS OF SURVIVORSHIP, AND NOT AS TENANTS IN COMMON', THE CREATION OF A
 JOINT TENANCY WITH RIGHTS OF SURVIVORSHIP IN THE REAL ESTATE SHALL BE
 CONCLUSIVELY DEEMED TO HAVE BEEN CREATED; TO AMEND SECTION 62-2-804, RELATING
 TO THE EFFECT OF A SURVIVORSHIP PROVISION ON JOINT TENANCY, SO AS TO PROVIDE
 THAT WHILE OTHER METHODS FOR THE CREATION OF A JOINT TENANCY MAY BE UTILIZED,
 AN EXPRESS PROVISION FOR A RIGHT OF SURVIVORSHIP WILL BE CONCLUSIVELY DEEMED
 TO HAVE OCCURRED IF THE WILL OR INSTRUMENT OF CONVEYANCE CONTAINS CERTAIN
 LANGUAGE; TO AMEND SECTION 62-3-711, RELATING TO THE POWERS OF A PERSONAL
 REPRESENTATIVE, SO AS TO PROVIDE IF THE WILL OF A DECEDENT AUTHORIZES A
 PERSONAL REPRESENTATIVE TO SELL REAL PROPERTY, THE TITLE TO WHICH WAS NOT
 DEVISED TO THE PERSONAL REPRESENTATIVE, SUBJECT TO SECTION 62-3-713, THE
 PERSONAL REPRESENTATIVE HAS FULL AND UNRESTRICTED POWER TO CONVEY FEE SIMPLE
 TITLE TO THE REAL PROPERTY BY LIMITED WARRANTY DEED WITHOUT THE CONSENT OF
 HEIRS OR DEVISEES WHO HAVE RECEIVED TITLE TO THE PROPERTY; TO AMEND SECTION
 62-3-715, RELATING TO TRANSACTIONS AUTHORIZED FOR PERSONAL REPRESENTATIVES, SO
 AS TO PROVIDE THAT A PERSONAL REPRESENTATIVE MAY MAKE NON-PRO RATA
 DISTRIBUTIONS OF REAL AND PERSONAL PROPERTY; TO AMEND SECTION 62-3-906,
 RELATING TO DISTRIBUTION IN KIND, SO AS TO PROVIDE THAT UNLESS A PERSONAL
 REPRESENTATIVE IS AFFORDED A POWER OF SALE, THE DISTRIBUTABLE ASSETS OF A
 DECEDENT'S ESTATE MUST BE DISTRIBUTED IN KIND TO THE EXTENT POSSIBLE; TO AMEND
 SECTION 62-3-907, RELATING TO DISTRIBUTION IN KIND, SO AS TO PROVIDE CERTAIN
 REQUIREMENTS FOR AND DUTIES OF PERSONAL REPRESENTATIVES; TO AMEND SECTION
 62-3-908, RELATING TO DISTRIBUTION AND THE RIGHT OR TITLE OF A DISTRIBUTEE, SO
 AS TO PROVIDE THAT AN IMPROPER DISTRIBUTION WOULD INCLUDE, BUT NOT BE LIMITED
 TO, THOSE INSTANCES WHERE THE INSTRUMENT OR DEED OF DISTRIBUTION IS
 INCONSISTENT WITH THE PROVISIONS OF THE WILL OR WITH STATUTES GOVERNING
 INTESTACY; TO AMEND SECTION 62-3-910, RELATING TO THE PROTECTION OF PURCHASERS
 FROM DISTRIBUTEES, SO AS TO PROVIDE THAT IF REAL PROPERTY IS PURCHASED FROM A
 PERSONAL REPRESENTATIVE WHO IS GRANTED A POWER OF SALE IN THE WILL BUT WHO
 DOES NOT HAVE TITLE TO SUCH PROPERTY, THE PURCHASER THEREOF TAKES TITLE FREE
 OF RIGHTS OF ANY HEIRS OR DEVISEES AND INCURS NO PERSONAL LIABILITY TO THE
 ESTATE OR TO ANY HEIR OR DEVISEE; TO AMEND SECTION 62-3-1201, RELATING TO THE
 COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT, SO AS TO INCREASE THE MAXIMUM
 AMOUNT FROM TEN THOUSAND TO TWENTY-FIVE THOUSAND DOLLARS WHEREBY PERSONAL
 PROPERTY CAN BE COLLECTED BY USE OF AN AFFIDAVIT; TO AMEND SECTIONS
 62-3-1202A, 62-3-1203, AND 62-3-1204, RELATING TO SMALL ESTATES, SO AS TO
 INCREASE THE MAXIMUM AMOUNT FROM TEN THOUSAND TO TWENTY-FIVE THOUSAND DOLLARS
 IN ORDER FOR AN ESTATE TO QUALIFY UNDER THIS SECTION; TO AMEND SECTION
 62-4-205, RELATING TO THE POWERS OF A FOREIGN PERSONAL REPRESENTATIVE, SO AS
 TO PROVIDE THAT, WITH REGARD TO ASSETS, A DOMICILIARY FOREIGN PERSONAL
 REPRESENTATIVE MAY EXERCISE ALL POWERS OF A LOCAL PERSONAL REPRESENTATIVE
 UNDER CERTAIN CONDITIONS; TO AMEND SECTION 62-4-207, RELATING TO ANCILLARY AND
 OTHER LOCAL ADMINISTRATION, SO AS TO PROVIDE THAT THE INITIATION OF A
 PROCEEDING UNDER ARTICLE 3 OF TITLE 62 IS THE ONLY MECHANISM WHICH AFFECTS THE
 RIGHTS OF CLAIMANTS, PURCHASERS, OR DISTRIBUTEES IN THIS STATE; AND TO AMEND
 SECTION 62-7-704, RELATING TO POWERS OF TRUSTEES, SO AS TO PROVIDE THAT
 TRUSTEES MAY MAKE NON-PRO RATA DISTRIBUTIONS OF REAL AND PERSONAL PROPERTY.

   04/19/00  Senate Introduced and read first time SJ-6
   04/19/00  Senate Referred to Committee on Judiciary SJ-6

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-7-40, SO AS TO PROVIDE THAT FOR ANY DEED OF CONVEYANCE OF REAL ESTATE WHICH CONTAINS THE NAMES OF THE GRANTEES FOLLOWED BY THE WORDS 'AS JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP, AND NOT AS TENANTS IN COMMON', THE CREATION OF A JOINT TENANCY WITH RIGHTS OF SURVIVORSHIP IN THE REAL ESTATE SHALL BE CONCLUSIVELY DEEMED TO HAVE BEEN CREATED; TO AMEND SECTION 62-2-804, RELATING TO THE EFFECT OF A SURVIVORSHIP PROVISION ON JOINT TENANCY, SO AS TO PROVIDE THAT WHILE OTHER METHODS FOR THE CREATION OF A JOINT TENANCY MAY BE UTILIZED, AN EXPRESS PROVISION FOR A RIGHT OF SURVIVORSHIP WILL BE CONCLUSIVELY DEEMED TO HAVE OCCURRED IF THE WILL OR INSTRUMENT OF CONVEYANCE CONTAINS CERTAIN LANGUAGE; TO AMEND SECTION 62-3-711, RELATING TO THE POWERS OF A PERSONAL REPRESENTATIVE, SO AS TO PROVIDE IF THE WILL OF A DECEDENT AUTHORIZES A PERSONAL REPRESENTATIVE TO SELL REAL PROPERTY, THE TITLE TO WHICH WAS NOT DEVISED TO THE PERSONAL REPRESENTATIVE, SUBJECT TO SECTION 62-3-713, THE PERSONAL REPRESENTATIVE HAS FULL AND UNRESTRICTED POWER TO CONVEY FEE SIMPLE TITLE TO THE REAL PROPERTY BY LIMITED WARRANTY DEED WITHOUT THE CONSENT OF HEIRS OR DEVISEES WHO HAVE RECEIVED TITLE TO THE PROPERTY; TO AMEND SECTION 62-3-715, RELATING TO TRANSACTIONS AUTHORIZED FOR PERSONAL REPRESENTATIVES, SO AS TO PROVIDE THAT A PERSONAL REPRESENTATIVE MAY MAKE NON-PRO RATA DISTRIBUTIONS OF REAL AND PERSONAL PROPERTY; TO AMEND SECTION 62-3-906, RELATING TO DISTRIBUTION IN KIND, SO AS TO PROVIDE THAT UNLESS A PERSONAL REPRESENTATIVE IS AFFORDED A POWER OF SALE, THE DISTRIBUTABLE ASSETS OF A DECEDENT'S ESTATE MUST BE DISTRIBUTED IN KIND TO THE EXTENT POSSIBLE; TO AMEND SECTION 62-3-907, RELATING TO DISTRIBUTION IN KIND, SO AS TO PROVIDE CERTAIN REQUIREMENTS FOR AND DUTIES OF PERSONAL REPRESENTATIVES; TO AMEND SECTION 62-3-908, RELATING TO DISTRIBUTION AND THE RIGHT OR TITLE OF A DISTRIBUTEE, SO AS TO PROVIDE THAT AN IMPROPER DISTRIBUTION WOULD INCLUDE, BUT NOT BE LIMITED TO, THOSE INSTANCES WHERE THE INSTRUMENT OR DEED OF DISTRIBUTION IS INCONSISTENT WITH THE PROVISIONS OF THE WILL OR WITH STATUTES GOVERNING INTESTACY; TO AMEND SECTION 62-3-910, RELATING TO THE PROTECTION OF PURCHASERS FROM DISTRIBUTEES, SO AS TO PROVIDE THAT IF REAL PROPERTY IS PURCHASED FROM A PERSONAL REPRESENTATIVE WHO IS GRANTED A POWER OF SALE IN THE WILL BUT WHO DOES NOT HAVE TITLE TO SUCH PROPERTY, THE PURCHASER THEREOF TAKES TITLE FREE OF RIGHTS OF ANY HEIRS OR DEVISEES AND INCURS NO PERSONAL LIABILITY TO THE ESTATE OR TO ANY HEIR OR DEVISEE; TO AMEND SECTION 62-3-1201, RELATING TO THE COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT, SO AS TO INCREASE THE MAXIMUM AMOUNT FROM TEN THOUSAND TO TWENTY-FIVE THOUSAND DOLLARS WHEREBY PERSONAL PROPERTY CAN BE COLLECTED BY USE OF AN AFFIDAVIT; TO AMEND SECTIONS 62-3-1202A, 62-3-1203, AND 62-3-1204, RELATING TO SMALL ESTATES, SO AS TO INCREASE THE MAXIMUM AMOUNT FROM TEN THOUSAND TO TWENTY-FIVE THOUSAND DOLLARS IN ORDER FOR AN ESTATE TO QUALIFY UNDER THIS SECTION; TO AMEND SECTION 62-4-205, RELATING TO THE POWERS OF A FOREIGN PERSONAL REPRESENTATIVE, SO AS TO PROVIDE THAT, WITH REGARD TO ASSETS, A DOMICILIARY FOREIGN PERSONAL REPRESENTATIVE MAY EXERCISE ALL POWERS OF A LOCAL PERSONAL REPRESENTATIVE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 62-4-207, RELATING TO ANCILLARY AND OTHER LOCAL ADMINISTRATION, SO AS TO PROVIDE THAT THE INITIATION OF A PROCEEDING UNDER ARTICLE 3 OF TITLE 62 IS THE ONLY MECHANISM WHICH AFFECTS THE RIGHTS OF CLAIMANTS, PURCHASERS, OR DISTRIBUTEES IN THIS STATE; AND TO AMEND SECTION 62-7-704, RELATING TO POWERS OF TRUSTEES, SO AS TO PROVIDE THAT TRUSTEES MAY MAKE NON-PRO RATA DISTRIBUTIONS OF REAL AND PERSONAL PROPERTY.

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

SECTION 1. Section 27-7-40 of the 1976 Code is amended by adding:

"Section 27-7-40. (a) In addition to any other methods for the creation of a joint tenancy in real estate which may exist by law, whenever any deed of conveyance of real estate contains the names of the grantees followed by the words 'as joint tenants with rights of survivorship, and not as tenants in common' the creation of a joint tenancy with rights of survivorship in the real estate is conclusively deemed to have been created. This joint tenancy includes, and is limited to, the following incidents of ownership:

(i) In the event of the death of a joint tenant, and in the event only one other joint tenant in the joint tenancy survives, the entire interest of the deceased joint tenant in the real estate vests in the surviving joint tenant, who is vested with the entire interest in the real estate owned by the joint tenants.

(ii) In the event of the death of a joint tenant survived by more than one joint tenant in the real estate, the entire interest of the deceased joint tenant vests equally in the surviving joint tenants who continues to own the entire interest owned by them as joint tenants with right of survivorship.

(iii) The fee interest in real estate held in joint tenancy may not be encumbered or conveyed to a third party or parties by a joint tenant acting alone without the joinder of the other joint tenant or tenants in the encumbrance or conveyance.

(iv) If all the joint tenants who own real estate held in joint tenancy join in an encumbrance or deed of conveyance, the interest in the real estate shall be effectively encumbered or conveyed to a third party or parties.

(v) If real estate is owned by only two joint tenants, a conveyance by one joint tenant to the other joint tenant terminates the joint tenancy and conveys the fee in the real estate to the other joint tenant.

(vi) If real estate is owned by more than two joint tenants, a conveyance by one joint tenant to all the other joint tenants therein conveys his interest therein equally to the other joint tenants who continue to own the real estate as joint tenants with right of survivorship.

(vii) Any joint tenancy in real estate held by a husband and wife with no other joint tenants is severed upon the filing of an order or decree dissolving their marriage and vests the interest in both the parties as tenants in common, unless an order or decree of a court of competent jurisdiction otherwise provides.

(viii) The interest of any joint tenant in a joint tenancy in real estate sold or conveyed by a court of competent jurisdiction where otherwise permitted by law severs the joint tenancy unless the order or decree of such court otherwise provides, and vests title in the parties as tenants in common.

(ix) If real estate is owned by two or more joint tenants, a conveyance by all the joint tenants to themselves as tenants in common severs the joint tenancy and conveys the fee in the real estate to these individuals, as tenants in common.

(b) The surviving joint tenant or tenants may, following the death of a joint tenant, file with the Register of Deeds of the county in which the real estate is located a certified copy of the certificate of death of the deceased joint tenant. The fee to be paid to the Register of Deeds for this filing is the same as the fee for the deed of conveyance. The Register of Deeds must index the certificate of death under the name of the deceased joint tenant in the grantor deed index of that office. The filing of the certificate of death is conclusive that the joint tenant is deceased and that the interest of the deceased joint tenant has vested by operation of law in the surviving joint tenant or tenants in the joint tenancy in real estate.

(c) Except as expressly provided herein, any joint tenancy severed pursuant to the terms of this section is and becomes a tenancy in common without rights of survivorship. Nothing contained in this section shall be construed to create the estate of tenancy by the entireties. Nothing contained in this section amends any statute relating to joint tenancy with rights of survivorship in personal property, but affects only real estate. The provisions of this section must be liberally construed to carry out the intentions of the parties. This section supersedes any conflicting provisions of Section 62-2-804."

SECTION 2. Section 62-2-804 of the 1976 Code is amended to read:

"Section 62-2-804. When any person is seized or possessed of any estate of joint tenancy at the time of his death, such the joint tenancy is deemed to have been severed by the death of the joint tenant and such the estate is distributable as a tenancy in common unless the instrument which created creates the joint tenancy, including any instrument in which one person conveys to himself and one or more other persons, or two or more persons convey to themselves, or to themselves and another or others, expressly provides for a right of survivorship, in which case the severance shall does not occur. While other methods for the creation of a joint tenancy may be utilized, an express provision for a right of survivorship is conclusively deemed to have occurred if the will or instrument of conveyance contains the names of the devisees or grantees followed by the words 'as joint tenants with right of survivorship, and not as tenants in common'."

SECTION 3. Section 62-3-711 of the 1976 Code is amended to read:

"Section 62-3-711. (a) Until termination of his appointment or unless otherwise provided in Section 62-3-910, a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. Except as otherwise provided in subsection (b), this power may be exercised without notice, hearing, or order of court.

(b) Except where the will of the decedent authorizes to the contrary, a personal representative may not sell real property of the estate except as authorized pursuant to the procedure described in Section 62-3-1301, et seq. and shall refrain from selling tangible or intangible personal property of the estate (other than securities regularly traded on national or regional exchanges and produce, grain, fiber, tobacco, or other merchandise of the estate for which market values are readily ascertainable) having an aggregate value of five thousand dollars or more without prior order of the court.

(c) If the will of a decedent devises real property to a personal representative or authorizes a personal representative to sell real property (the title to which was not devised to the personal representative), then subject to Section 62-3-713, the personal representative may execute a warranty deed in favor of a purchaser for value, who takes title to the real property in accordance with the provisions of Section 62-3-910(b)."

SECTION 4. Section 62-3-715(23) if the 1976 Code is amended to read:

"(23) make payment in cash or in kind, or partly in cash and partly in kind, upon any division or distribution of the estate (including the satisfaction of any pecuniary distribution) without regard to the income tax basis of any specific property allocated to any beneficiary and value and appraise any asset and distribute such asset in kind at its appraised value; and make non-pro rata distributions of real and personal property.;"

SECTION 5. The first paragraph of Section 62-3-906(a) of the 1976 Code is amended to read:

"Section 62-3-906. (a) Unless a contrary intention is indicated by the will, such as the grant to the personal representative of a power of sale, the distributable assets of a decedent's estate must be distributed in kind to the extent possible through application of the following provisions:"

SECTION 6. Section 62-3-907 of the 1976 Code is amended to read:

"Section 62-3-907. (a) If distribution in kind (whether real or personal property) is made, the personal representative shall must execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.

(b) If the decedent dies intestate or devises real property to a distributee, the personal representative's execution of a deed of distribution of real property constitutes a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.

(c) If the decedent devises real property to a personal representative, either in a specific or residuary devise, the personal representative's execution of a deed of distribution of the real property constitutes a transfer of the title to the real property from the personal representative to the distributee as well as a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his puchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.

(d) The personal representative's execution of an instrument or deed of distribution of personal property constitutes a transfer of the title to the personal property from the personal representative to the distributee as well as a release of the personal representative's power over the title to the personal property, equivalent to that of an absolute owner, provided by Section 62-3-711(a)."

SECTION 7. Section 62-3-908 of the 1976 Code is amended to read:

"Section 62-3-908. Proof that a distributee has received an instrument or deed of distribution of assets in kind whether real or personal property, or payment in distribution, from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper. An improper distribution includes, but is not limited to, those instances where the instrument or deed of distribution is found to be inconsistent with the provisions of the will or statutes governing intestacy."

SECTION 8. Section 62-3-910 of the 1976 Code is amended to read:

"Section 62-3-910. (a) If property distributed in kind (whether real or personal property) or a mortgage or other security interest therein is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested persons, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution. Any recorded instrument described in this section on which the appropriate documentary or revenue stamps are affixed is prima facie evidence that such the transfer was made for value.

(b) If a will devises real property to a personal representative or authorizes a personal representative to sell real property (the title to which was not devised to the personal representative), a purchaser for value who receives a warranty deed from the personal representative takes title to the real property free of rights of any heirs or devisees or other interested person in the estate and incurs no personal liability to the estate or to any heir or devisee or other interested person in the estate, whether or not the sale was proper and regardless of whether the heirs or devisees to whom title devolved pursuant to Section 62-3-101 executed or consented to the deed. This section protects a purchaser of real property from a personal representative who has title to the real property or who has sold real property to the purchaser pursuant to an authorization in the will. To be protected under this provision, a purchaser need not inquire whether a personal representative acted properly in making the sale, even if the personal representative and the purchaser are the same person, or whether the authority of the personal representative had terminated before the sale. Any recorded instrument described in this section on which the appropriate documentary or revenue stamps are affixed is prima facie evidence that such sale was made for value."

SECTION 9. Part 12 of Article 3 of the 1976 Code is amended to read:

"Section 62-3-1201. (a) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall must make payment of the indebtedness or deliver the tangible personal property or the instrument evidencing the debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor. Before this affidavit may be presented to collect the decedent's personal property, it must:

(1) state that the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), wherever located, less liens and encumbrances, does not exceed ten twenty-five thousand dollars;

(2) state that thirty days have elapsed since the death of the decedent;

(3) state that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

(4) state that the claiming successor is entitled to payment or delivery of the property;

(5) be approved and countersigned by the probate judge of the county of the decedent's residence at the time of his death and only upon the judge's satisfaction that the successor is entitled to payment or delivery of the property; and

(6) be filed in the probate court.

(b) A transfer agent of any security shall must change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection (a).

Section 62-3-1202. The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer, or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.

Section 62-3-1202A. When any person in this State dies leaving a probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy) with a value, less liens and encumbrances, not exceeding ten twenty-five thousand dollars and exempt property, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the probate judge, after giving notice to creditors required by Section 62-3-801, but without giving additional notice to creditors, may receive such the estate and pay these creditors as may present their duly attested claims in the priority set forth in Section 62-3-805 and the residue, if any, to the distributee or distributees of the estate without the requirement of an administration.

Section 62-3-1203. (a) If it appears from the inventory and appraisal that the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), less liens and encumbrances, does not exceed ten twenty-five thousand dollars and exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, after giving notice to creditors required by Section 62-3-801, but without giving additional notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto to it and file a closing statement as provided in Section 62-3-1204.

(b) If it appears from an appointment proceeding that (1) the appointed personal representative is either the sole devisee under the probated will of a testate decedent or the sole heir of an intestate decedent, or (2) the appointed personal representatives are the sole devisees under the probated will of a testate decedent or the sole heirs of an intestate decedent, the personal representative, after giving notice to creditors as required by Section 62-3-801, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in Section 62-3-1204.

Section 62-3-1204. (a) Unless prohibited by order of the court and except for estates being administered under Part 5 (Sections 62-3-501 et seq.), a personal representative may close an estate administered under the summary procedures of Section 62-3-1203 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that:

(1) either

(i) to the best knowledge of the personal representative, the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), less liens and encumbrances, did does not exceed ten twenty-five thousand dollars and exempt property, costs, and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent; or

(ii) the estate qualifies for summary administration according to the provisions of subsection (b) of Section 62-3-1203(b);

(2) the personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto;

(3) the personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected.

(b) If no actions or proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates."

SECTION 10. Section 62-4-205 of the 1976 Code is amended to read:

"Section 62-4-205. A domiciliary foreign personal representative who has complied with Section 62-4-204 may exercise, as to assets (including real and personal property) in this State, all powers of a local personal representative, and may maintain actions and proceedings in this State subject to any conditions imposed upon nonresident parties generally."

SECTION 11. Section 62-4-207 of the 1976 Code is amended to read:

"Section 62-4-207. In respect to a nonresident decedent, the provisions of Article 3 [Sections 62-3-101 et seq.] govern (1) proceedings, if any, in a court of this State for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration. The initiation of a proceeding under Article 3 (Sections 62-3-101 et seq.), which for purposes of this section relates to the real property of the nonresident decedent located in this State, is the only mechanism that affects the rights of claimants, purchasers, or distributees in this State."

SECTION 12. Section 62-7-704(c) of the 1976 Code is amended by adding:

"(27) to make non-pro rata distributions of real and personal property."

SECTION 13. This act takes effect upon approval by the Governor.