The power of a domiciliary foreign personal representative under Section 62-4-201 or 62-4-205 shall be exercised only if there is no administration or application therefor pending in this State. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under Section 62-4-205, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in this State.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
Structure South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 4 - Local And Foreign Personal Representatives; Ancillary Administration
Section 62-4-101. Definitions.
Section 62-4-202. Payment or delivery discharges.
Section 62-4-203. Resident creditor notice.
Section 62-4-204. Proof of authority; bond.
Section 62-4-206. Power of representatives in transition.
Section 62-4-207. Ancillary and other local administrations; governing provision.
Section 62-4-301. Jurisdiction by act of foreign personal representative.
Section 62-4-302. Jurisdiction by act of decedent.
Section 62-4-303. Service on foreign personal representative.
Section 62-4-401. Effect of adjudication for or against personal representative.