In respect to a nonresident decedent, the provisions of Article 3 [Sections 62-3-101 et seq.] govern (1) proceedings, if any, in a court of this State for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration. The initiation of a proceeding under Article 3 (Sections 62-3-101 et seq.) is the appropriate procedure for an ancillary administration relating to the real property of a nonresident decedent located in this State and is an alternative to the procedures available to a foreign personal representative under Sections 62-4-201 through 62-4-206.
HISTORY: 1986 Act No. 539, Section 1; 2000 Act No. 398, Section 9; 2013 Act No. 100, Section 1, eff January 1, 2014.
Effect of Amendment
The 2013 amendment inserted at the end "and is an alternative to the procedures available to a foreign personal representative under Sections 62-4-201 through 62-4-206".
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.