Current Status Bill Number:578 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950228 Primary Sponsor:Bryan All Sponsors:Bryan Drafted Document Number:JUD6024.JEB Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Personal representative
Body Date Action Description Com Leg Involved
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Senate 19950228 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 62-3-705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF A PERSONAL REPRESENTATIVE, SO AS TO REQUIRE THE PERSONAL REPRESENTATIVE TO INFORM THE SURVIVING SPOUSE, IF ANY, OF ELECTIVE SHARE RIGHTS, AND TO PROVIDE THAT THE COURT MUST INFORM THE PERSONAL REPRESENTATIVE OF THIS DUTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 62-3-705 of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:
"Section 62-3-705. (A) Not later than thirty days after his appointment every personal representative, except any special administrator, shall give information of his appointment to the heirs (regardless of whether the decedent died intestate and determined as if the decedent died intestate) and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative. The information must be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The information must include the name and address of the personal representative, indicate that it is being sent to persons who have or may have some interest in the estate being administered, indicate whether bond has been filed, and describe the court where papers relating to the estate are on file, and inform the surviving spouse, if any, of elective share rights under Section 62-2-201, et seq. The personal representative's failure to give this information is a breach of his duty to the persons concerned but does not affect the validity of his appointment, his powers, or other duties. A personal representative may inform other persons of his appointment by delivery or ordinary first class mail.
(B) The court must advise the personal representative of the duty to inform a surviving spouse, if any, of elective share rights pursuant to subsection (A)."
SECTION 2. This act takes effect upon approval by the Governor.