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H. 3944
STATUS INFORMATION
General Bill
Sponsors: Reps. Toole, G. Brown, Davenport and Witherspoon
Document Path: l:\council\bills\bbm\10780mm05.doc
Introduced in the House on April 19, 2005
Currently residing in the House Committee on Judiciary
Summary: Creditor's claim against estate
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/19/2005 House Introduced and read first time HJ-12 4/19/2005 House Referred to Committee on Judiciary HJ-13
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTIONS 62-3-801 AND 62-3-803, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO CREDITORS' CLAIMS AGAINST AN ESTATE, SO AS TO INCREASE THE TIME FOR PRESENTATION OF CLAIMS FROM WITHIN EIGHT MONTHS TO WITHIN TWELVE MONTHS AFTER NOTICE TO THE CREDITORS AND TO PROVIDE FURTHER, THAT A CREDITOR MAY FILE A CLAIM AGAINST A DECEDENTS' ESTATE AT ANY TIME WITHIN TWELVE MONTHS AFTER THE DEATH OF THE DECEDENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 62-3-801 of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:
"Section 62-3-801. (1)(a) Unless notice has already been given under this section, or unless a creditor has already filed a claim pursuant to subsection (2), a personal representative upon his appointment shall publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing his appointment and address and notifying creditors of the estate to present their claims within eight twelve months after the date of the first publication of the notice or be forever barred.
(b) A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present his claim within eight twelve months from the published notice as provided in (a) above, or within sixty days from the mailing or other delivery of such notice, whichever is later, or be forever barred. Written notice is the notice described in (a) above or a similar notice.
(c) The personal representative is not liable to any a creditor or to any a successor of the decedent for giving or failing to give notice under pursuant to this section.
(2) This section does not prohibit the filing of a claim with the court by a creditor against a decedent's estate at any time within twelve months after the death of the decedent and before the commencement of formal or informal proceedings or the appointment of a personal representative."
SECTION 2. Section 62-3-803 of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:
"Section 62-3-803. (a) All claims against a decedent's estate which arose before the death of the decedent, including claims of the State and any a subdivision thereof of it, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute statutes of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented within the earlier of the following dates:
(1) one year after the decedent's death; or
(2) within the time provided by Section 62-3-801(1)(b) for creditors who are given actual notice, and within the time provided in Section 62-3-801(1)(a) for all creditors barred by publication; provided, claims barred by the nonclaim statute at the decedent's domicile before the giving of notice to creditors barred in this State are also barred in this State.
(b) All claims against a decedent's estate which arise at or after the death of the decedent, including claims of the State and any a subdivision thereof of it, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows:
(1) a claim based on a contract with the personal representative within eight twelve months after performance by the personal representative is due;
(2) any other claim, within the later of eight twelve months after it arises, or the time specified in subsection (a)(1).
(c) Nothing in This section affects does not affect or prevents prevent:
(1) any a proceeding to enforce any mortgage, pledge, lien, or other security interest upon property of the estate; or
(2) to the limits of the insurance protection only, any a proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance; or
(3) collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate."
SECTION 3. This act takes effect upon approval by the Governor and applies to probate proceedings filed on or after that date.
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