View Amendment Current Amendment: 1 to Bill 143 The Committee on Judiciary proposes the following Amendment No. to S. 143 (COUNCIL\NL\143C001.NL.DG13):

Reference is to Printer's Date 3/19/13-S.

Amend the bill, as and if amended, by striking Section 62-1-302(a)(1) as contained on lines 3-7 of page 14, and inserting:

/      (1)      estates of decedents, including the contest of wills, construction of wills, determination of property in which the estate of a decedent or a protected person has an interest, and determination of heirs and successors of decedents and estates of protected persons, except that the circuit court also has jurisdiction to determine heirs and successors as necessary to resolve real estate matters, including partition, quiet title, and other actions pending in the circuit court;            /

Amend the bill further, by striking Section 62-1-308(f), as contained on lines 7-13 of page 21, and inserting:

/      (f)      Within thirty days after service of the respondent's brief, the appellant shall serve a copy of the Record on Appeal (in a format described in subsections (c), (e), (f) and (g) of Rule 210, SCACR, except that the Record of Appeal need not comply with the requirements of Rule 267, SCACR) on each party who has served a brief and file with the clerk of the circuit court one copy of the Record on Appeal with proof of service.            /

Amend the bill further, by striking Section 62-2-603(C), as contained on lines 17-20 of page 75, and inserting:

/      (C)      Words of survivorship in a devise to an individual, such as, 'if he survives me,' or to 'my surviving children,' are, in the absence of additional evidence, a sufficient indication of an intent contrary to the application of subsections (A) and (B).            /

Amend the bill further, by striking Section 62-3-804(1)(b), as contained on lines 21-27 of page 176, and inserting:

/      (b)      In addition to the requirements in subsection (1)(a), a creditor seeking appointment as personal representative pursuant to Section 62-3-203(a)(6) must attach the written statement of the claim to the application or petition for appointment. For purposes of Section 62-3-803, the claim is considered to be presented when the application or petition for appointment is filed with the written statement of the claim attached.            /

Amend the bill further, by striking Section 62-3-911(2)(D), as contained on lines 28-36 of page 197, and inserting:

/            (d)      After the valuation of the interests in the property is completed as provided in subitems (b) or (c) of this item, the interested heirs or devisees seeking to purchase the interests of the other interested heirs or devisees shall have forty-five days to pay the price set as the value of those interests to be purchased, in such shares and proportions, and in such manner, as the court shall determine. Upon the payment, the court shall direct the personal representative to execute and deliver the proper instruments transferring title to the purchasers.            /

Renumber sections to conform.
Amend title to conform.