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Current Status Bill Number:View additional legislative information at the LPITS web site.3361 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990126 Primary Sponsor:Campsen All Sponsors:Campsen, Loftis, Leach, Inabinett, R. Smith, Witherspoon Drafted Document Number:l:\council\bills\nbd\11037jm99.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:19990427 Subject:Probate court, certify instrument or deed of distribution conform to certain requirements before recording; Trusts History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990428 Introduced, read first time, 11 SJ referred to Committee House 19990428 Read third time, sent to Senate House 19990427 Amended, read second time House 19990421 Committee report: Favorable with 25 HJ amendment House 19990126 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on April 21, 1999 - Word format Revised on April 27, 1999 - Word format
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 27, 1999
H. 3361
Introduced by Reps. Campsen, Loftis, Leach, Inabinett, R. Smith and Witherspoon
S. Printed 4/27/99--H.
Read the first time January 26, 1999.
TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATE OF WILLS AND ADMINISTRATION AND DISTRIBUTION IN KIND, SO AS TO REQUIRE THE PROBATE COURT TO CERTIFY THAT AN INSTRUMENT OR DEED OF DISTRIBUTION, BEFORE IT MAY BE RECORDED, CONFORMS TO THE REQUIREMENTS OF THE WILL OR OF THE STATUTE OF DESCENT AND DISTRIBUTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 62-3-907 of the 1976 Code, as amended by Section 42 of Act 171 of 1987, is further amended to read:
"Section 62-3-907. (A) If distribution in kind (whether real or personal property) is made, the personal representative shall execute an a instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property. indicating that the estate's administration over the asset or assets described in the deed of distribution has been completed and that the distributee's title to the asset, or assets, as prescribed and transferred by the last will and testament or the statute of descent and distribution is confirmed without further obligation to the estate.
(B) Prior to recording the deed of distribution:
(1) the deed of distribution must be examined by the probate judge to determine that the grantee or grantees named in the deed of distribution conform to the terms of the will or, in cases of intestacy, to the heirs at law as shown on the Form 300PC. The seal of the probate court must be impressed upon the first page of the deed of distribution indicating that the examination has been completed; or
(2) the deed of distribution must be accompanied by an affidavit from a licensed attorney asserting that the grantee or grantees named in the deed of distribution conform to the terms of the will or, in cases of intestacy, to the heirs at law as shown on the Form 300PC.
(C) When the administration of an estate is completed and the estate is closed, the failure of a personal representative to have given a deed of distribution constitutes a breach of his duties but does not affect the validity of the administration since title to any asset in the probated estate passes according to Section 62-3-101 and not by the deed of distribution."
SECTION 2. This act takes effect upon approval by the Governor.
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