2018 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
ARTICLE 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Section 62-5-426. Claims against protected person.
Section effective January 1, 2019. See, also, Sections 62-5-402 and 62-5-428 effective until January 1, 2019.
(A) The probate court has exclusive jurisdiction over claims against the protected person arising from the internal affairs of the conservatorship which may be commenced in the following manner:
(1) A claimant may deliver or mail to the conservator a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed.
(2) A claim is considered presented on the receipt of the written statement of claim by the conservator.
(3) Every claim that is disallowed in whole or part by the conservator is barred so far as not allowed unless the claimant files and properly serves a summons and petition for allowance no later than thirty days after the mailing of the notice of disallowance or partial disallowance if the notice warns the claimant of the impending bar.
(B) Except as limited by Section 62-5-433, the probate court has jurisdiction concurrent with the circuit court in matters involving a request for a judicial determination as to the external affairs of a conservatorship, including actions by or against creditors or debtors of conservatorships and other actions or proceedings involving conservators and third parties. If a creditor has notice of the appointment of a conservator, all pleadings must be served by or on the conservator. Within thirty days after the conservator files, or becomes aware of, any court action in which the protected person is a party, the conservator must notify the court where the conservatorship is being administered if the outcome may constitute a claim against the estate. The conservator may request instructions from the court as necessary.
(C) If it appears that the conservatorship assets are likely to be exhausted before all existing claims are paid, preference must be given to prior claims for the care, maintenance, and education of the protected person or his dependents and existing claims for expenses of administration.
HISTORY: 1986 Act No. 539, Section 1; 1988 Act No. 659, Section 6; 1997 Act No. 152, Section 26; 2010 Act No. 244, Sections 31, 38, eff June 7, 2010. Formerly Code 1976 Sections 62-5-402 and 62-5-428, renumbered and amended by 2017 Act No. 87 (S.415), Section 5.A, eff January 1, 2019.
Prior Laws: Former Section 62-5-426 was titled Enlargement or limitation of powers of conservator, and had the following history: 1986 Act No. 539, Section 1. See now, Code 1976 Sections 62-5-404 and 62-5-428.