2022 South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 3 - Probate Of Wills And Administration
Section 62-3-1006. Limitations on actions and proceedings against distributees.
Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of (i) if a claim by a creditor of the decedent, at one year after the decedent's death, and (ii) any other claimant and any heir or devisee, at the later of three years after the decedent's death or one year after the time of distribution thereof. This section does not bar an action to recover property or value received as the result of fraud.
HISTORY: 1986 Act No. 539, Section 1; 1990 Act No. 521, Section 65; 2013 Act No. 100, Section 1, eff January 1, 2014.
