2020 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 3 - Probate Of Wills And Administration

Editor's Note

2013 Act No. 100, Section 4, provides as follows:

"SECTION 4. (A) This act [amending Articles 1, 2, 3, 4, 6, and 7] takes effect on January 1, 2014.

"(B) Except as otherwise provided in this act, on the effective date of this act:

"(1) this act applies to any estates of decedents dying thereafter and to all trusts created before, on, or after its effective date;

"(2) the act applies to all judicial proceedings concerning estates of decedents and trusts commenced on or after its effective date;

"(3) this act applies to judicial proceedings concerning estates of decedents and trusts commenced before its effective date unless the court finds that application of a particular provision of this act would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this act does not apply and the superseded law applies;

"(4) subject to item (5) and subsection (C) of this section, any rule of construction or presumption provided in this act applies to governing instruments executed before the effective date of the act unless there is a clear indication of a contrary intent in the terms of the governing instrument; and

"(5) an act done and any right acquired or accrued before the effective date of the act is not affected by this act. Unless otherwise provided in this act, any right in a trust accrues in accordance with the law in effect on the date of the creation of a trust and a substantive right in the decedent's estate accrues in accordance with the law in effect on the date of the decedent's death.

"(C) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the act, that statute continues to apply to the right even if it has been repealed or superseded."


PART 1 GENERAL PROVISIONS PART 2 VENUE FOR PROBATE AND ADMINISTRATION; PRIORITY TO ADMINISTER; DEMAND FOR NOTICE PART 3 INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS PART 4 FORMAL TESTACY AND APPOINTMENT PROCEEDINGS PART 5 ADMINISTRATION UNDER PART 5 PART 6 PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY PART 7 DUTIES AND POWERS OF PERSONAL REPRESENTATIVES PART 8 CREDITORS' CLAIMS PART 9 SPECIAL PROVISIONS RELATING TO DISTRIBUTION PART 10 CLOSING ESTATES PART 11 COMPROMISE OF CONTROVERSIES PART 12 COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES PART 13 SALE OF REAL ESTATE BY PROBATE COURT
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