S 600 Session 111 (1995-1996)
S 0600 General Bill, By Bryan
A Bill to amend Section 62-3-1203(b), Code of Laws of South Carolina, 1976,
relating to the summary administrative procedure under the South Carolina
Probate Code, so as to clarify that no inventory and appraisal is required
when the appointed personal representative is the sole devisee or sole heir of
an estate.
03/02/95 Senate Introduced and read first time SJ-13
03/02/95 Senate Referred to Committee on Judiciary SJ-13
03/22/95 Senate Committee report: Favorable Judiciary SJ-7
03/23/95 Senate Amended SJ-28
03/23/95 Senate Read second time SJ-28
03/28/95 Senate Read third time and sent to House SJ-18
03/29/95 House Introduced and read first time HJ-16
03/29/95 House Referred to Committee on Judiciary HJ-16
Indicates Matter Stricken
Indicates New Matter
AMENDED
March 23, 1995
S. 600
Introduced by SENATOR Bryan
S. Printed 3/23/95--S.
Read the first time March 2, 1995.
A BILL
TO AMEND SECTION 62-3-1203(b), CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE SUMMARY
ADMINISTRATIVE PROCEDURE UNDER THE SOUTH
CAROLINA PROBATE CODE, SO AS TO CLARIFY THAT NO
INVENTORY AND APPRAISAL IS REQUIRED WHEN THE
APPOINTED PERSONAL REPRESENTATIVE IS THE SOLE
DEVISEE OR SOLE HEIR OF AN ESTATE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 62-3-1203(b) of the 1976 Code is
amended to read:
"(b) If it appears from an appointment proceeding that (1)
the appointed personal representative is either the sole devisee under
the probated will of a testate decedent or the sole heir of an
intestate decedent, or (2) the appointed personal representatives are
the sole devisees under the probated will of a testate decedent or the
sole heirs of an intestate decedent, the personal representative, after
giving notice to creditors as required by Section 62-3-801, may
immediately disburse and distribute the estate to the persons entitled
thereto and file a closing statement as provided in Section 62-3-1204. No inventory and appraisal is required to be filed for
estates described in this subsection."
SECTION 2. Section 62-3-306(b) of the 1976 Code is amended
to read:
"(b) If an informal probate is granted, within thirty days
thereafter the applicant shall give written information of the probate
to: the heirs (determined as if the decedent died
intestate) and devisees
(1) the devisees named in the will, if the will effectively
disposes of the decedent's estate; or
(2) the heirs, if the decedent died intestate; or
(3) the heirs (determined as if the decedent died intestate) and
devisees, if there is partial intestacy.
The information must include the name and address of the
applicant, the date of execution of the will, and any codicil thereto,
the name and location of the court granting the informal probate,
and the date of the probate. The information must be delivered or
sent by ordinary mail to each of the heirs and devisees whose
address is reasonably available to the applicant. No duty to give
information is incurred if a personal representative is appointed who
is required to give the written information required by Section 62-3-705. An applicant's failure to give information as required by this
section is a breach of his duty to the heirs and devisees but does not
affect the validity of the probate."
SECTION 3. Section 62-3-705 of the 1976 Code is amended to
read:
"Section 62-3-705. Not later than thirty days after his
appointment every personal representative, except any special
administrator, shall give information of his appointment to:
the heirs (regardless of whether the decedent died intestate and
determined as if the decedent died intestate) and devisees
(1) the devisees named in the will, if the will
effectively disposes of the decedent's estate, including, if
there has been no formal testacy proceeding and if the personal
representative was appointed on the assumption that the decedent
died intestate, the devisees in any will mentioned in the application
for appointment of a personal representative; or
(2) the heirs, if the decedent died intestate; or
(3) the heirs (determined as if the decedent died intestate) and
devisees, if there is partial intestacy.
The information must be delivered or sent by ordinary mail to
each of the heirs and devisees whose address is reasonably available
to the personal representative. The duty does not extend to require
information to persons who have been adjudicated in a prior formal
testacy proceeding to have no interest in the estate. The
information must include the name and address of the personal
representative, indicate that it is being sent to persons who have or
may have some interest in the estate being administered, indicate
whether bond has been filed, and describe the court where papers
relating to the estate are on file. The personal representative's
failure to give this information is a breach of his duty to the
persons concerned but does not affect the validity of his
appointment, his powers, or other duties. A personal representative
may inform other persons of his appointment by delivery or
ordinary first class mail."
SECTION 4. This act takes effect upon approval by the Governor.
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