S*0356(Rat #0024, Act #0015 of 1995)  General Bill, By Bryan

Similar(S 281, H 3460)
 A Bill to amend Section 8-21-770(B), Code of Laws of South Carolina, 1976,
 relating to the determination of fees and costs in estate conservatorship
 proceedings, so as to specify that fees in estate and conservatorship
 proceedings must be based upon the gross value of the decedent's probate
 estate or the protected person's estate; to provide for a retroactive refund
 or the difference between the current estate and conservatorship fees paid
 after August 15, 1994, and the reducted fees provided by the above provisions;
 to amend Section 14-23-1050, relating to bonds of probate judges and associate
 probate judges, so as to increase the amount of the required bond; to amend
 Section 62-3-203, relating to persons qualified to serve as a personal
 representative, so as to prohibit probate judges from serving as a personal
 representative under certain conditions; to amend Section 62-5-410, relating
 to who may be appointed conservator of the estate of a protected person, so as
 to prohibit a probate judge or an employee of the probate court from serving
 as a conservator under certain conditions.

   01/10/95  Senate Introduced and read first time SJ-1
   01/10/95  Senate Referred to Committee on Judiciary SJ-1
   02/08/95  Senate Committee report: Favorable with amendment
                     Judiciary SJ-19
   02/09/95  Senate Amended SJ-17
   02/09/95  Senate Read second time SJ-17
   02/14/95  Senate Read third time and sent to House SJ-15
   02/15/95  House  Introduced and read first time HJ-15
   02/15/95  House  Referred to Committee on Judiciary HJ-15
   03/22/95  House  Committee report: Favorable Judiciary HJ-6
   03/28/95  House  Read second time HJ-21
   03/29/95  House  Read third time and enrolled HJ-19
   03/30/95         Ratified R 24
   04/04/95         Signed By Governor
   04/04/95         Effective date 04/04/95
   04/04/95         See act for exception to or explanation of
                     effective date
   04/11/95         Copies available
   04/11/95         Act No. 15

AN ACT TO AMEND SECTION 8-21-770(B), AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS IN ESTATE AND CONSERVATORSHIP PROCEEDINGS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE DECEDENT'S PROBATE ESTATE OR THE PROTECTED PERSON'S ESTATE; TO PROVIDE FOR A RETROACTIVE REFUND OF THE DIFFERENCE BETWEEN THE CURRENT ESTATE AND CONSERVATORSHIP FEES PAID AFTER AUGUST 15, 1994, AND THE REDUCED FEES PROVIDED BY THE ABOVE PROVISIONS; TO AMEND SECTION 14-23-1050, RELATING TO BONDS OF PROBATE JUDGES AND ASSOCIATE PROBATE JUDGES, SO AS TO INCREASE THE AMOUNT OF THE REQUIRED BOND; TO AMEND SECTION 62-3-203, RELATING TO PERSONS QUALIFIED TO SERVE AS A PERSONAL REPRESENTATIVE, SO AS TO PROHIBIT PROBATE JUDGES FROM SERVING AS A PERSONAL REPRESENTATIVE UNDER CERTAIN CONDITIONS; TO AMEND SECTION 62-5-410, RELATING TO WHO MAY BE APPOINTED CONSERVATOR OF THE ESTATE OF A PROTECTED PERSON, SO AS TO PROHIBIT A PROBATE JUDGE OR AN EMPLOYEE OF THE PROBATE COURT FROM SERVING AS A CONSERVATOR UNDER CERTAIN CONDITIONS.

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

Revision of estate and conservatorship fees

SECTION 1. Section 8-21-770(B) of the 1976 Code, as last amended by Act 470 of 1994, is further amended to read:

"(B) In estate and conservatorship proceedings, the fee shall be based upon the gross value of the decedent's probate estate or the protected person's estate as shown on the inventory and appraisement as follows:

(1) Property valuation less than $5,000.00$ 25.00

(2) Property valuation of $5,000.00

but less than $20,000.00 $ 45.00

(3) Property valuation of $20,000.00

but less than $60,000.00 $ 67.50

(4) Property valuation of $60,000.00

but less than $100,000.00 $ 95.00

(5) Property valuation of $100,000.00

but less than $600,000.00 $ 95.00

plus .15 percent of the property valuation between $100,000.00 and $600,000.00.

(6) Property valuation of $600,000.00 or higher amount set forth in (5) above plus one-fourth of one percent of the property valuation above $600,000.00.

For purposes of this subsection, `decedent's probate estate' means the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy and `protected person's estate' means the protected person's property that vests in a conservator as trustee pursuant to Section 62-5-420."

Bond requirement increased

SECTION 2. Section 14-23-1050 of the 1976 Code is amended to read:

"Section 14-23-1050. Each judge of probate and associate probate judge shall, before assuming the duties of that office, enter into bond in the sum of one hundred thousand dollars conditioned for the faithful performance of the duties of such office, which bond shall be executed and filed as prescribed in Chapter 3 of Title 8 of the 1976 Code."

Probate judge may not serve as personal representative; exceptions

SECTION 3. Section 62-3-203(e) of the 1976 Code is amended to read:

"(e) No person is qualified to serve as a personal representative who is:

(1) under the age of eighteen;

(2) a person whom the court finds unsuitable in formal proceedings;

(3) with respect to the estate of any person domiciled in this State at the time of his death, a corporation created by another state of the United States or by any foreign state, kingdom or government, or a corporation created under the laws of the United States and not having a business in this State, or an officer, employee, or agent of such foreign corporation, whether the officer, employee, or agent is a resident or a nonresident of this State, if such officer, employee, or agent is acting as personal representative on behalf of such corporation;

(4) a probate judge for an estate of any person within his jurisdiction, except as provided in Section 62-3-1202A."

Probate judge and court employees may not serve as conservator; exceptions

SECTION 4. Section 62-5-410 of the 1976 Code is amended by adding:

"(c) A probate judge or an employee of the probate court shall not serve as a conservator of an estate of a protected person; however, a probate judge or an employee of the probate court may serve as a conservator of the estate of a family member if such service does not interfere with the proper performance of the probate judge's or the employee's official duties. For purposes of this subsection, `family member' means a spouse, parent, child, brother, sister, niece, nephew, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild."

Time effective; refund of fees

SECTION 5. This act takes effect upon approval by the Governor, but Section 1 shall apply retroactively to August 15, 1994. Any person who remitted fees pursuant to Section 3 of Act 470 of 1994 may petition the court within one year of this act's effective date to obtain a refund of the difference between that which is due pursuant to this act and that which was due pursuant to Section 3 of Act 470 of 1994.

Approved the 4th day of April, 1995.