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COMMITTEE REPORT
April 21, 1999
H. 3361
Introduced by Reps. Campsen, Loftis, Leach, Inabinett, R. Smith and Witherspoon
S. Printed 4/21/99--H.
Read the first time January 26, 1999.
To whom was referred a Bill (H. 3361), 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, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/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) The deed of distribution must be examined by the probate judge prior to recording 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. No deed of distribution shall be recorded without the seal.
(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./
Amend title to conform.
JAMES H. HARRISON, for Committee.
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.
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 instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.
(B) The probate court shall 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 as it applies to the property which is the subject of the instrument or deed of distribution."
SECTION 2. This act takes effect upon approval by the Governor.
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