Indicates Matter Stricken

Indicates New Matter

 

Committee Report

February 5, 2026

 

H. 4511

 

Introduced by Rep. Wetmore

 

S. Printed 2/5/26--H.

Read the first time May 6, 2025

 

________

 

The committee on House Judiciary

To whom was referred a Bill (H. 4511) to amend the South Carolina Code of Laws by amending Section 15-9-720, relating to service on unknown parties by publication for certain real property actions, so, etc., respectfully

Report:

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, SECTION 1, by striking Section 15-9-720(B)(1) and (2) and inserting:

    (B)(1) A court shall grant an order allowing a party with an interest in or lien on a parcel of real property subject to a partition action, mortgage foreclosure action, or other action affecting the property's title to serve by publication any unknown party or known party, whose address cannot be ascertained, to the action and who has an interest in or lien on the real property, any such legal notice as will accomplish the underlying purposes set forth in this section, if the:

           (a) identity or residence of the unknown party cannot, with a reasonably diligent effort, be ascertained by the plaintiff; and

           (b) plaintiff presents an affidavit to the court stating he or she has been unable to ascertain the identity or residence of the unknown party after making a reasonably diligent effort.

       (2) A court order allowing a party to serve an unknownthe party by publication must require the party serving by publication to publish the service once a week for three successive weeks in a either the print or online version of a newspaper of general circulation in the county where the property is situated. Service by publication under this section is equal to personal service on the unknown party.

Amend the bill further, SECTION 2, by striking Section 62-3-801(A), (B), (C), and (D) and inserting:

(A) Unless notice has already been given under this section, a personal representative upon his or her appointment must publish a notice to creditors once a week for three successive weeks in the print version of a newspaper and online version, if available, at no additional charge to the personal representative, of a newspaper of general circulation in the county where the estate is being probated, online at the official centralized website for the South Carolina Probate Court announcing his or her appointment and address and notifying creditors of the estate to present their claims within the earlier of eight months after the date of the first publication of the notice or one year of date of death or be forever barred. Online notices shall also be placed on a statewide website, at no additional charge to the personal representative, that is established and maintained as a joint venture of the majority of South Carolina newspapers as a repository for such notices and the notice will remain on the repository web site for at least as long as it appears in the newspaper. A personal representative may supplement this notice requirement in the counties in which the county probate court provides online notice by maintaining on its county website a publicly accessible and searchable list of decedents' estates and names of personal representatives whereby creditors may find an estate in which to file a claim. Alternatively, a personal representative may publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county in which the estate is filed. Publication to creditors is required in only one of the methods provided in this subsection, and this subsection may not be construed so as to require both methods of publication.

    (b)(B) If the probate court in the county where the estate is filed facilitates the publication of notice to creditors in an online or print format, the probate court may charge the cost of the publication, which may be paid from the decedent's estate. No fee may otherwise be assessed by the probate court for online or print publication.

    (C) County probate courts providing such online notice may allow creditors to file claims online and assess a reasonable fee approved by its county government for such filings.

    (D) A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present his claim within one year of the decedent's death, or within sixty days from the mailing or other delivery of such notice, whichever is earlier, or be forever barred. Written notice is the notice described in (a)(A) above or a similar notice.

    (c)(C)(E) The personal representative is not liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section.

    (d)(D)(F) Notwithstanding subsections (a)(A) and (b)(B), notice to creditors under this section is not required if a personal representative is not appointed to administer the decedent's estate during the one year period following the death of the decedent.

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 15-9-720, RELATING TO SERVICE ON UNKNOWN PARTIES BY PUBLICATION FOR CERTAIN REAL PROPERTY ACTIONS, SO AS TO ALLOW SERVICE BY PUBLICATION TO BE PUBLISHED IN EITHER THE PRINT OR ONLINE VERSION OF A NEWSPAPER OF GENERAL CIRCULATION IN THE APPROPRIATE COUNTY; AND BY AMENDING SECTION 62-3-801, RELATING TO NOTICE TO CREDITORS, SO AS TO ALLOW PUBLICATION ONLINE ON A CENTRALIZED WEBSITE FOR THE SOUTH CAROLINA PROBATE COURT OR IN A NEWSPAPER OF GENERAL CIRCULATION IN THE APPROPRIATE COUNTY.

 

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

 

SECTION 1.  Section 15-9-720 of the S.C. Code is amended to read:

 

    Section 15-9-720.  (A) For the purposes of this section, "court" means a court, judge, clerk of court, master-in-equity, special referee, or judge of probate of competent jurisdiction in the county where the action is pending.

    (B)(1) A court shall grant an order allowing a party with an interest in or lien on a parcel of real property subject to a partition action, mortgage foreclosure action, or other action affecting the property's title to serve by publication any unknown party to the action and who has an interest in or lien on the real property, any such legal notice as will accomplish the underlying purposes set forth in this section, if the:

           (a) residence of the unknown party cannot, with a reasonably diligent effort, be ascertained by the plaintiff; and

           (b) plaintiff presents an affidavit to the court stating he has been unable to ascertain the residence of the unknown party after making a reasonably diligent effort.

       (2) A court order allowing a party to serve an unknown party by publication must require the party serving by publication to publish the service once a week for three weeks in a either the print or online version of a newspaper of general circulation in the county where the property is situated. Service by publication under this section is equal to personal service on the unknown party.

    (C) A party may accomplish service by publication pursuant to this section for multiple units in a single horizontal property regime by consolidating the services into a single service that identifies each apartment included in the action based on the apartment's description in the master deed. This consolidated service must comply with the other requirements of this section and other applicable statutes, including the requirement that publication must take place once a week for three weeks in a either the print or online version of a newspaper of general circulation in the county where the property is situated.

 

SECTION 2.  Section 62-3-801 of the S.C. Code is amended to read:

 

    Section 62-3-801.  (a)(A) Unless notice has already been given under this section, a personal representative upon his appointment must publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county online at the official centralized website for the South Carolina Probate Court announcing his appointment and address and notifying creditors of the estate to present their claims within eight months after the date of the first publication of the notice or be forever barred. Alternatively, a personal representative may publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county in which the estate is filed. Publication to creditors is required in only one of the methods provided in this subsection, and this subsection may not be construed so as to require both methods of publication.

    (b)(B) A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present his claim within one year of the decedent's death, or within sixty days from the mailing or other delivery of such notice, whichever is earlier, or be forever barred. Written notice is the notice described in (a) above or a similar notice.

    (c)(C) The personal representative is not liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section.

    (d)(D) Notwithstanding subsections (a) and (b), notice to creditors under this section is not required if a personal representative is not appointed to administer the decedent's estate during the one year period following the death of the decedent.

    (E)(1) The probate court in the county where the estate is filed may, in its discretion, assess a reasonable one-time fee for online publication under this section which may be paid from the decedent's estate. No fee may otherwise be assessed for online publication.

       (2) All fees assessed under item (1) from all county probate courts must be used toward the cost of constructing and maintaining the centralized online platform that services all counties. Fees for publication in a newspaper of general circulation must continue to meet the requirements of Section 15-29-80.

    (F) The centralized website for the South Carolina Probate Court must be organized by county and searchable within each county by the names of either the decedent or the personal representative. Once a creditor has located an estate, the online platform must display instructions on where and how to file a claim with the appropriate county probate court along with contact information for additional assistance.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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