2012 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Chapter 1 - ARTICLE 1. GENERAL PROVISIONS, DEFINITIONS, AND PROBATE JURISDICTION OF COURT
Section 62-1-303 - Venue; multiple proceedings; transfer.

(a) Subject to the provisions of Section 62-3-201, where a proceeding under this Code could be maintained in more than one place in South Carolina, the court in which the proceeding is first commenced has the exclusive right to proceed.

(b) If proceedings concerning the same estate, protected persons, ward, or trust are commenced in more than one court of South Carolina, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and, if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.

(c) If a court finds that, in the interest of justice, a proceeding or a file should be located in another court of probate in South Carolina, the court making the finding may transfer the proceeding or file to the other court.

HISTORY: 1986 Act No. 539, Section 1.