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Current Status Bill Number:View additional legislative information at the LPITS web site.4424 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020108 Primary Sponsor:Harrison All Sponsors:Harrison, Altman, Whipper, Law Drafted Document Number:l:\council\bills\dka\4615mm02.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Probate court has discretion to grant or deny motion to remove proceedings to circuit court History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020108 Introduced, read first time, 25 HJ referred to Committee House 20011219 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 PROBATE COURT HAS THE DISCRETION TO GRANT OR DENY A MOTION 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 at the discretion of the court, 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 may 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;
(4)(d) trusts;
(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 contested motion for removal and issue a written order granting or denying the motion for removal, in its discretion.
(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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