(1) Service on resident trustee constitutes service on all other trustees. -Service upon one resident trustee of an inter vivos trust shall constitute service on all other trustees, resident and nonresident, of the same trust, for the purpose of adjudicating any action or proceeding in a court of this State involving, directly or indirectly, such trust.
(2) Trustee served to notify other trustees. -The resident trustee, so served, shall within five days, give prompt notice to such nonresident trustee and other resident trustee of the action. The failure of notification to the other trustees shall in no way impair the action.
(3) Service on nonresident trustee when there is no resident trustee. -When there is no resident trustee, the nonresident trustee of an inter vivos trust shall be deemed to have consented to the service of any summons, notice or other legal process in connection with any proceeding in the courts of this State involving such trust, directly or indirectly, when served upon the Secretary of State, when the trust was created under the laws of this State or, in the case of a foreign trust, when part of the trust property is situated in this State.
(4) Time allowed for answer. -The time within which to answer under the provisions of this section shall be the same as that provided for by law for substituted service.
(5) Penalties. -Any trustee responsible for notifying another trustee, who fails to comply with the provisions of this section, shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than one hundred dollars or imprisoned for not more than thirty days.
HISTORY: 1962 Code Section 10-432.2; 1962 (52) 1955.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 9 - Summonses, Orders Of Publication And Service Of Papers Generally
Section 15-9-15. Affidavit as proof of service by publication.
Section 15-9-17. Service of summons, complaint or other judicial documents on Sunday.
Section 15-9-210. Service of process on domestic corporations.
Section 15-9-220. Service on corporations generally; who is deemed to be agent of railroad.
Section 15-9-230. Service on corporations generally; qualification as to foreign corporations.
Section 15-9-240. Service of process on authorized foreign corporation.
Section 15-9-245. Service of process on foreign corporation not authorized to do business in state.
Section 15-9-250. Service on foreign rural electric cooperatives.
Section 15-9-270. Service on insurance companies.
Section 15-9-280. Service on unauthorized insurer.
Section 15-9-285. Service on unauthorized insurer through service on Chief Insurance Commissioner.
Section 15-9-290. Service on unauthorized insurer; alternative method.
Section 15-9-310. Service on attorney of reciprocal insurance subscribers.
Section 15-9-320. Service on joint-stock companies.
Section 15-9-330. Service on unincorporated associations.
Section 15-9-370. Service on nonresident motor vehicle drivers and motor carriers.
Section 15-9-390. Service on nonresident operators of aircraft.
Section 15-9-415. Service on nonresident vessel operators.
Section 15-9-420. Service on certain traveling shows.
Section 15-9-430. Service on nonresident directors of domestic corporations.
Section 15-9-440. Service on trustees of inter vivos trusts.
Section 15-9-450. Service on nonresident individual fiduciaries.
Section 15-9-460. Service on certain nurserymen.
Section 15-9-710. When service by publication may be had.
Section 15-9-720. Service on unknown parties by publication for certain real property actions.
Section 15-9-730. Service on certain domestic corporations by publication.