Current Status Bill Number:3776 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950309 Primary Sponsor:Neilson All Sponsors:Neilson, J. Brown, Inabinett, Herdklotz, Littlejohn, Hines, Beatty, Baxley, Sandifer, S. Whipper, Robinson, Lloyd, Breeland, Witherspoon, Riser, Stille, Stuart, Rice, Law, Vaughn, Richardson and Mason Drafted Document Number:GJK\21400SD.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Estates, representatives and conservators of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950309 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 62-3-203, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF PERSONS AS PERSONAL REPRESENTATIVES OF AN ESTATE, SO AS TO PROVIDE THAT A PROBATE JUDGE WITH CERTAIN EXCEPTIONS SHALL NOT SERVE AS A PERSONAL REPRESENTATIVE; AND TO AMEND SECTION 62-5-410, RELATING TO WHO MAY BE APPOINTED AS A CONSERVATOR OF THE ESTATE OF A PROTECTED PERSON, SO AS TO PROVIDE THAT A PROBATE JUDGE OR AN EMPLOYEE OF THE PROBATE COURT WITH CERTAIN EXCEPTIONS SHALL NOT SERVE AS A CONSERVATOR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 62-3-1202(A)."
SECTION 2. 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."
SECTION 3. This act takes effect upon approval by the Governor.