(a) If duly demanded, a party is entitled to trial by jury in any proceeding involving an issue of fact in an action for the recovery of money only or of specific real or personal property, unless waived as provided in the rules of civil procedure for the courts of this State. The right to trial by jury exists in, but is not limited to, formal proceedings in favor of the probate of a will or contesting the probate of a will.
(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
(c) The method of drawing, summoning, and compensating jurors under this section shall be within the province of the county jury commission and shall be governed by Chapter 7, Title 14 of the 1976 Code relating to juries in circuit courts.
HISTORY: 1986 Act No. 539, Section 1; 1988 Act No. 659, Section 4; 2013 Act No. 100, Section 1, eff January 1, 2014.
Structure 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 62-1-309. 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 62-1-503. 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.