2012 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Chapter 3 - ARTICLE 3. PROBATE OF WILLS AND ADMINISTRATION
Section 62-3-1309 - Time for answer or other response; sale of real estate after hearing and notice.

The time to answer or otherwise respond by motion to the summons and petition is at least thirty days from the date of service. Should the personal representative (if not the petitioner) or any of the heirs or devisees, or other parties, if any, desire to answer or otherwise respond by motion it must be in writing and the court shall in regular order, as in the case of other litigated cases, proceed to determine the issues made by petition, subsequent pleadings, and motions and if the court decides that the real estate should be sold it shall then, in its discretion, either (a) order the personal representative to sell the same at private sale upon such terms and conditions as the court may impose; or (b) proceed to sell the same upon the next or some subsequent convenient sales day after publishing a notice of such sale three weeks prior thereto in some paper published in the county. Upon the sale being made, after the payment of the costs and expenses thereof, the court shall pay over to the personal representative the net proceeds of such sale. The personal representative shall administer such proceeds in like manner as proceeds of personal property coming into his hands. Nothing in this part may be construed to abridge homestead exemptions.

HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 59; 1990 Act No. 521, Section 77; 2010 Act No. 244, Section 23, eff June 7, 2010.