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4390Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20020108Primary Sponsor: ScottAll Sponsors: ScottDrafted Document Number: l:\council\bills\dka\4583mm02.docResiding Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Probate proceedings, good cause must be shown for removal of to circuit courtHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020108 Introduced, read first time, 25 HJ referred to Committee House 20011205 Prefiled, referred to Committee 25 HJ Versions of This Bill
TO AMEND SECTION 62-1-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBJECT MATTER JURISDICTION OF THE PROBATE COURT, SO AS TO PROVIDE THAT THE MOVING PARTY MUST SHOW, AND THE PROBATE COURT MUST FIND, GOOD CAUSE FOR REMOVAL OF A PROBATE PROCEEDING TO THE CIRCUIT COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 62-1-302(c) of the 1976 Code, as last amended by Act 152 of 1997, is further amended to read:
"(c)(1) Notwithstanding the exclusive jurisdiction of the probate court over the foregoing matters,
any an action or a proceeding filed in the probate court and relating to the following subject matters, on motion of a party and upon a finding by the court of good cause, or by the court on its own motion, made not later than ten days following the date on which all responsive pleadings must be filed, must be removed to the circuit court and in these cases the circuit court shall proceed upon the matter de novo:
(1)(a) formal proceedings for the probate of wills and for the appointment of personal representatives;
(2)(b) construction of wills;
(3)(c) actions to try title;
(5)(e) actions in which a party has a right to trial by jury and which involve an amount in controversy of at least five thousand dollars in value; and
(6)(f) actions concerning gifts made pursuant to the South Carolina Uniform Gifts to Minors Act, Section 20-7-140 et seq Subarticle 5, Chapter 7, Title 20.
(2) The probate court shall hold a hearing on a party's motion for removal and issue a written order making a specific factual finding that good cause for the removal exists or does not exist.
(3) The removal to the circuit court of an action or a proceeding within the exclusive jurisdiction of the probate court applies only to the particular action or proceeding removed, and the probate court otherwise retains continuing exclusive jurisdiction."
SECTION 2. This act takes effect upon approval by the Governor.
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