South Carolina Code of Laws
Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court
Section 62-1-100. Effective date.

(a) Except as otherwise provided, this Code takes effect July 1, 1987.
(b) Except as provided elsewhere in this Code, on the effective date of this Code:
(1) the Code applies to any estates of decedents dying thereafter;
(2) the procedural provisions of the Code apply to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this Code;
(3) every personal representative, including a person administering an estate of a minor or incompetent holding an appointment on that date, continues to hold the appointment but has only the powers conferred by this Code and is subject to the duties imposed with respect to any act occurring or done thereafter;
(4) an act done before the effective date in any proceeding and any accrued right is not impaired by this Code. Unless otherwise provided in the Code, a substantive right in the decedent's estate accrues in accordance with the law in effect on the date of the decedent's death. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the effective date, the provisions remain in force with respect to that right;
(5) a rule of construction or presumption provided in this code applies to multiple-party accounts opened before the effective date unless there is a clear indication of a contrary intent.
(c) Section 62-2-502 is effective for all wills executed after June 27, 1984, whether the testator dies before or after July 1, 1987.
HISTORY: 1986 Act No. 539, Section 5; 1987 Act No. 171, Section 78; 1990 Act No. 522, Part I, Section 1; 1997 Act No. 152, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 62 - South Carolina Probate Code

Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court

Section 62-1-100. Effective date.

Section 62-1-101. Short title.

Section 62-1-102. Purposes; rules of construction.

Section 62-1-103. Supplementary general principles of law applicable.

Section 62-1-104. Severability.

Section 62-1-105. Construction against implied repeal.

Section 62-1-106. Effect of fraud and evasion.

Section 62-1-107. Evidence as to death or status.

Section 62-1-108. Acts by holder of general power.

Section 62-1-109. Duties and obligations of lawyer and person serving as a fiduciary.

Section 62-1-110. Fiduciary and lawyer, privileged communication.

Section 62-1-111. Authority to award costs and expenses.

Section 62-1-112. Inherent power of court.

Section 62-1-201. General definitions.

Section 62-1-301. Territorial application.

Section 62-1-302. Subject matter jurisdiction; concurrent jurisdiction with family court.

Section 62-1-303. Venue; multiple proceedings; transfer.

Section 62-1-304. South Carolina Rules of Civil Procedure govern formal proceedings.

Section 62-1-305. Records and certified copies.

Section 62-1-306. Jury trials.

Section 62-1-307. Probate judge; powers.

Section 62-1-308. Appeals.

Section 62-1-309. Election and term of judges.

Section 62-1-401. Notice; method and time of giving.

Section 62-1-402. Notice; waiver.

Section 62-1-403. Pleadings; when parties bound by others; notice.

Section 62-1-500. Short title.

Section 62-1-501. Definitions.

Section 62-1-502. Requirement of survival by 120 hours; individuals, two or more beneficiaries, class members.

Section 62-1-503. Requirement of survival by 120 hours under governing instruments.

Section 62-1-504. Co-owners with right of survivorship; requirement of survival by 120 hours.

Section 62-1-505. Right or benefit that depends on surviving the death of a decedent's killer.

Section 62-1-506. Exceptions.

Section 62-1-507. Evidence of death or status.

Section 62-1-508. Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient.

Section 62-1-509. Construction.