Current Status Bill Number:
4409Ratification Number: 422Act Number: 405Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19960109Primary Sponsor: CottyAll Sponsors: Cotty, Harrison, Sheheen, Huff, Fleming, Hodges, Jennings and LimbaughDrafted Document Number: pt\2131jm.96Date Bill Passed both Bodies: 19960515Date of Last Amendment: 19960509Governor's Action: SDate of Governor's Action: 19960529Subject: Severance of joint tenancy upon death of joint tenant
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960621 Act No. A405 ------ 19960529 Signed by Governor ------ 19960523 Ratified R422 House 19960515 Concurred in Senate amendment, enrolled for ratification Senate 19960510 Read third time, returned to House with amendment Senate 19960509 Unanimous consent for third reading on Friday, 19960510 Senate 19960509 Amended, read second time Senate 19960508 Committee report: Favorable with 11 SJ amendment Senate 19960227 Introduced, read first time, 11 SJ referred to Committee House 19960222 Read third time, sent to Senate House 19960221 Read second time House 19960214 Committee report: Favorable with 25 HJ amendment House 19960109 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
(A405, R422, H4409)
AN ACT TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.
Be it enacted by the General Assembly of the State of South Carolina:
Joint tenancy, preclusion of severance; instrument
SECTION 1. Section 62-2-804 of the 1976 Code, as amended by Section 14 of Act 171 of 1987, is further 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 joint tenancy is deemed to have been severed by the death of the joint tenant and such estate is distributable as a tenancy in common unless the instrument which created 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 not occur."
Time effective; application
SECTION 2. This act takes effect upon approval by the Governor and applies to joint tenancies created either prior to or after the effective date of the act.
Approved the 29th day of May, 1996.