South Carolina General Assembly
125th Session, 2023-2024

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A122, R130, S845

STATUS INFORMATION

General Bill
Sponsors: Senators Rankin, Sabb, Talley and Malloy
Companion/Similar bill(s): 850, 869, 4559
Document Path: SJ-0034MB24.docx

Introduced in the Senate on January 9, 2024
Introduced in the House on February 29, 2024
Last Amended on February 27, 2024
Currently residing in the Senate
Governor's Action: May 13, 2024, Signed

Summary: Probate

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
11/30/2023 Senate Prefiled
11/30/2023 Senate Referred to Committee on Judiciary
1/9/2024 Senate Introduced and read first time (Senate Journal-page 54)
1/9/2024 Senate Referred to Committee on Judiciary (Senate Journal-page 54)
1/19/2024 Senate Referred to Subcommittee: M.Johnson (ch), Sabb, Talley, Reichenbach, Devine
2/21/2024 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 10)
2/23/2024 Scrivener's error corrected
2/27/2024 Senate Committee Amendment Adopted (Senate Journal-page 29)
2/27/2024 Senate Read second time (Senate Journal-page 29)
2/27/2024 Senate Roll call Ayes-43 Nays-0 (Senate Journal-page 29)
2/28/2024 Scrivener's error corrected
2/28/2024 Senate Read third time and sent to House (Senate Journal-page 25)
2/29/2024 House Introduced and read first time (House Journal-page 7)
2/29/2024 House Referred to Committee on Judiciary (House Journal-page 7)
4/23/2024 House Committee report: Favorable Judiciary (House Journal-page 3)
4/24/2024 Scrivener's error corrected
4/25/2024 Scrivener's error corrected
4/25/2024 House Read second time (House Journal-page 8)
4/25/2024 House Roll call Yeas-94 Nays-0 (House Journal-page 8)
4/25/2024 House Unanimous consent for third reading on next legislative day (House Journal-page 10)
4/30/2024 House Read third time and enrolled (House Journal-page 1)
5/8/2024 Ratified R 130
5/13/2024 Signed By Governor
5/20/2024 Effective date 05/13/24
5/20/2024 Act No. 122

View the latest legislative information at the website

VERSIONS OF THIS BILL

11/30/2023
02/21/2024
02/23/2024
02/27/2024
02/28/2024
04/23/2024
04/24/2024
04/25/2024

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

(A122, R130, S845)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 62-3-108, RELATING TO PROBATE, TESTACY, APPOINTMENT PROCEEDINGS, AND ULTIMATE TIME LIMIT, SO AS TO ALLOW APPROPRIATE APPOINTMENT PROCEEDINGS IN RELATION TO AN INDIVIDUAL'S ESTATE, REGARDLESS OF THE INDIVIDUAL'S DATE OF DEATH, FOR THE SOLE PURPOSE OF ALLOWING A CLAIM TO BE MADE PURSUANT TO THE "SERGEANT FIRST CLASS HEATH ROBINSON HONORING OUR PROMISE TO ADDRESS COMPREHENSIVE TOXICS ACT OF 2022".

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

Probate proceedings and ultimate time limit

SECTION 1.    Section 62-3-108 of the S.C. Code is amended to read:

Section 62-3-108.    (A)(1) No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than ten years after the decedent's death.

(2) Notwithstanding any other provision of this section:

(a) if a previous proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate probate, appointment, or testacy proceedings may be maintained at any time upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding and if that previous proceeding was commenced within the time limits of this section;

(b) appropriate probate, appointment, or testacy proceedings may be maintained in relation to the estate of an absent, disappeared, or missing person for whose estate a conservator has been appointed, at any time within three years after the conservator becomes able to establish the death of the protected person;

(c) a proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within eight months from informal probate or one year from the decedent's death, whichever is later; and

(d) appropriate appointment proceedings may be maintained in relation to the estate of an individual for the sole purpose of allowing a claim to be made pursuant to Section 804 of the "Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022". United States Public Law 117-168, as amended, regardless of the date of that individual's death.

(B) If no informal probate and no formal testacy proceedings are commenced within ten years after the decedent's death, and no proceedings under subsection (A)(2) are commenced within the applicable period of time, it is incontestable that the decedent left no will and that the decedent's estate passes by intestate succession. These limitations do not apply to proceedings to construe probated wills or determine heirs of an intestate. In proceedings commenced under subsection (A)(2)(a) or (A)(2)(b), the date on which a testacy or appointment proceeding is properly commenced is deemed to be the date of the decedent's death for purposes of other limitations provisions of this code which relate to the date of death.

Time Effective

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

Ratified the 8th day of May, 2024.

Approved the 13th day of May, 2024.

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This web page was last updated on June 24, 2024 at 1:28 PM