South Carolina General Assembly
111th Session, 1995-1996

Bill 600


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       600
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19950302
Primary Sponsor:                   Bryan 
All Sponsors:                      Bryan 
Drafted Document Number:           jud\6029.jeb
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Date of Last Amendment:            19950323
Subject:                           Probate Code provisions



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19950329  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19950328  Read third time, sent to House
Senate  19950323  Amended, read second time
Senate  19950322  Committee report: Favorable              11 SJ
Senate  19950302  Introduced, read first time,             11 SJ
                  referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

AMENDED

March 23, 1995

S. 600

Introduced by SENATOR Bryan

S. Printed 3/23/95--S.

Read the first time March 2, 1995.

A BILL

TO AMEND SECTION 62-3-1203(b), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUMMARY ADMINISTRATIVE PROCEDURE UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO CLARIFY THAT NO INVENTORY AND APPRAISAL IS REQUIRED WHEN THE APPOINTED PERSONAL REPRESENTATIVE IS THE SOLE DEVISEE OR SOLE HEIR OF AN ESTATE.

Amend Title To Conform

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

SECTION 1. Section 62-3-1203(b) of the 1976 Code is amended to read:

"(b) If it appears from an appointment proceeding that (1) the appointed personal representative is either the sole devisee under the probated will of a testate decedent or the sole heir of an intestate decedent, or (2) the appointed personal representatives are the sole devisees under the probated will of a testate decedent or the sole heirs of an intestate decedent, the personal representative, after giving notice to creditors as required by Section 62-3-801, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in Section 62-3-1204. No inventory and appraisal is required to be filed for estates described in this subsection."

SECTION 2. Section 62-3-306(b) of the 1976 Code is amended to read:

"(b) If an informal probate is granted, within thirty days thereafter the applicant shall give written information of the probate to: the heirs (determined as if the decedent died intestate) and devisees

(1) the devisees named in the will, if the will effectively disposes of the decedent's estate; or

(2) the heirs, if the decedent died intestate; or

(3) the heirs (determined as if the decedent died intestate) and devisees, if there is partial intestacy.

The information must include the name and address of the applicant, the date of execution of the will, and any codicil thereto, the name and location of the court granting the informal probate, and the date of the probate. The information must be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the applicant. No duty to give information is incurred if a personal representative is appointed who is required to give the written information required by Section 62-3-705. An applicant's failure to give information as required by this section is a breach of his duty to the heirs and devisees but does not affect the validity of the probate."

SECTION 3. Section 62-3-705 of the 1976 Code is amended to read:

"Section 62-3-705. 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

(1) the devisees named in the will, if the will effectively disposes of the decedent's estate, 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; or

(2) the heirs, if the decedent died intestate; or

(3) the heirs (determined as if the decedent died intestate) and devisees, if there is partial intestacy.

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. 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."

SECTION 4. This act takes effect upon approval by the Governor.

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