2020 South Carolina Code of Laws
Title 8 - Public Officers and Employees
Chapter 21 - Fees And Costs Generally
Section 8-21-800. Relief from filing fees, court costs, and other probate costs.

The Probate Judge may relieve any party to a proceeding in the Probate Court from court costs in the manner provided in Section 8-21-140, but relief from filing fees and other probate costs is prohibited, except as provided in Section 8-21-810.

(1) The Probate Judge pursuant to Rule 3(b), SCRCP and Section 62-1-112, shall grant waivers of filing fees for indigent persons in the same manner as other civil cases.

(2) The Probate Judge may relieve any party to a proceeding in the Probate Court from court costs related to fees of a notary public as provided in Section 8-21-140.

(3) The Probate Judge is prohibited from waiving fees or court costs associated with the value of an estate or conservatorship as provided in Section 8-21-770(B), except as provided in Section 8-21-810.

HISTORY: 1979 Act No. 164 Part I Section 2A; 2017 Act No. 87 (S.415), Section 2, eff January 1, 2019.

Editor's Note

2017 Act No. 87, Section 6, provides as follows:

"(A) This act takes effect on January 1, 2019.

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

"(1) this act applies to any conservatorships, guardianships, or protective orders for minors or persons under a disability created before, on, or after its effective date;

"(2) this act applies to all judicial proceedings concerning conservatorships, guardianships, or protective orders for minors or persons under a disability commenced on or after its effective date;

"(3) this act applies to judicial proceedings concerning conservatorships, guardianships, and protective orders for minors or persons under a disability 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or prejudice the rights of the parties, in which case that particular provision of this act does not apply and the superseded law applies;

"(4) subject to item (B)(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 this 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.

"(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 suspended."