South Carolina General Assembly
114th Session, 2001-2002

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Bill 92


                    Current Status

Bill Number:                      92
Ratification Number:              183
Act Number:                       174
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010110
Primary Sponsor:                  Wilson
All Sponsors:                     Wilson, Thomas, Reese, Rankin, Branton
Drafted Document Number:          l:\council\bills\dka\4004mm01.doc
Date Bill Passed both Bodies:     20020213
Date of Last Amendment:           20020206
Governor's Action:                U  Became law without signature of 
                                  Governor
Date of Governor's Action:        20020306
Subject:                          Probate court, deed of distribution; 
                                  certain requirements prior to filing deleted; 
                                  Trusts and Estates, Courts, Property


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020311  Act No. A174
------  20020306  Unsigned, became law without
                  signature of Governor
------  20020227  Ratified R183
Senate  20020213  Concurred in House amendment, 
                  enrolled for ratification
House   20020207  Read third time, returned with
                  amendment
House   20020206  Amended, read second time
House   20020130  Committee report: Favorable with       25 HJ
                  amendment
House   20010327  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20010322  Read third time, sent to House
Senate  20010314  Amended, read second time
Senate  20010307  Committee report: Favorable            11 SJ
Senate  20010110  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on March 7, 2001 - Word format
Revised on March 14, 2001 - Word format
Revised on January 30, 2002 - Word format
Revised on February 6, 2002 - Word format

View additional legislative information at the LPITS web site.


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

(A174, R183, S92)

AN ACT TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION BY THE PERSONAL REPRESENTATIVE OF A DEED OF DISTRIBUTION IN CONNECTION WITH THE ESTATE OF A DECEASED, SO AS TO DELETE THE REQUIREMENT THAT THE DEED OF DISTRIBUTION BE EXAMINED BY THE PROBATE COURT BEFORE FILING OR ACCOMPANIED AT FILING BY AN AFFIDAVIT TO ATTEST TO ITS ACCURACY AND COMPLETENESS IN REGARD TO THE NAMED GRANTEE OR GRANTEES.

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

Distribution in kind; evidence

SECTION 1. Section 62-3-907 of the 1976 Code, as last amended by Act 398 of 2000, is further amended to read:

"Section 62-3-907. (A) If distribution in kind is made, whether real or personal property, the personal representative must 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) If the decedent dies intestate or devises real property to a distributee, the personal representative's execution of a deed of distribution of real property constitutes a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee and his purchasers or encumbrancers the protection provided in Sections 62-3-908 and 62-3-910.

(C) If the decedent devises real property to a personal representative, either in a specific or residuary devise, the personal representative's execution of a deed of distribution of the real property constitutes a transfer of the title to the real property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.

(D) The personal representative's execution of an instrument or deed of distribution of personal property constitutes a transfer of the title to the personal property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the personal property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a)."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 27th day of February, 2002.

Became law without the signature of the Governor -- 3/6/02.

__________


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