H*3038(Rat #0188, Act #0108 of 1983)  General Bill, By H.U. Fielding

Similar(S 525)
 A Bill to amend Section 21-15-1650, as amended, Code of Laws of South
 Carolina, 1976, relating to administration of small estates, so as to increase
 from five thousand dollars to seven thousand five hundred dollars the maximum
 amounts which may be paid to distributees of small estates without
 administration; and to allow instead of to require the Probate Judge to
 receive the estate and pay creditors, and to amend Chapter 21, Title 21,
 relating to natural and parentally appointed guardians, by adding Section
 21-21-15 so as to provide for the appointment of another person as guardian of
 the estate of a minor child or mentally incompetent person where a surviving
 parent acting as his guardian is shown to be squandering or misappropriating
 the estate.-amended title

   04/28/83  House  Introduced and read first time HJ-2455
   04/28/83  House  Referred to Committee on Judiciary HJ-2455
   04/28/83  House  Recalled from Committee on Judiciary HJ-2463
   05/03/83  House  Read second time HJ-2517
   05/04/83  House  Read third time and sent to Senate HJ-2555
   05/04/83  Senate Introduced, read first time, placed on calendar
                     without reference SJ-1207
   05/05/83  Senate Read second time SJ-1284
   05/19/83  Senate Amended SJ-1406
   05/19/83  Senate  Read third time SJ-1407
   05/19/83  Senate Returned SJ-1407
   06/01/83  House  Senate amendment amended HJ-3386
   06/01/83  House  Returned HJ-3386
   06/02/83  Senate Concurred in House amendment and enrolled SJ-1782
   06/08/83         Ratified R 188
   06/10/83         Signed By Governor
   06/10/83         Effective date 06/10/83
   06/10/83         Act No. 108
   06/22/83         Copies available

AN ACT TO AMEND SECTION 21-15-1650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF SMALL ESTATES, SO AS TO INCREASE FROM FIVE THOUSAND DOLLARS TO SEVEN THOUSAND FIVE HUNDRED DOLLARS THE MAXIMUM AMOUNTS WHICH MAY BE PAID TO DISTRIBUTEES OF SMALL ESTATES WITHOUT ADMINISTRATION; AND TO ALLOW INSTEAD OF TO REQUIRE THE PROBATE JUDGE TO RECEIVE THE ESTATE AND PAY CREDITORS, AND TO AMEND CHAPTER 21, TITLE 21, RELATING TO NATURAL AND PARENTALLY APPOINTED GUARDIANS, BY ADDING SECTION 21-21-15 SO AS TO PROVIDE FOR THE APPOINTMENT OF ANOTHER PERSON AS GUARDIAN OF THE ESTATE OF A MINOR CHILD OR MENTALLY INCOMPETENT PERSON WHERE A SURVIVING PARENT ACTING AS HIS GUARDIAN IS SHOWN TO BE SQUANDERING OR MISAPPROPRIATING THE ESTATE.

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

Administration of small estates

SECTION 1. Section 21-15-1650 of the 1976 Code, as last amended by Act 531 of 1976, is further amended to read:

"Section 21-15-1650. When any person within this State shall die intestate leaving an estate in personal property, money, or choses in action of the value of seven thousand five hundred dollars or less the probate judge may receive such estate and pay such creditors as may present their duly attested claims in the priority set forth in Section 21-15-660 and the residue, if any, to the distributee or distributees of such estate without the requirement of an administration. If any legal representative shall be under age, payment to the parent or other person with whom such child is a bona fide resident (this must be established to the satisfaction of the probate judge before he pays out such share) is a sufficient compliance with the provisions of this section."

Surviving parent acting as guardian

SECTION 2. Chapter 21, Title 21 of the 1976 Code is amended by adding:

"Section 21-21-15. Where one parent of a minor child or mentally incompetent person is deceased and the surviving parent is acting as his guardian, the probate court upon petition of any interested party and after hearing may appoint another person as guardian of the estate of the minor child or mentally incompetent person where it is shown at the hearing by a clear preponderance of the evidence that the parent is squandering or misappropriating the estate of the minor child or mentally incompetent person."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.

Approved the 10th day of June, 1983.