South Carolina Code of Laws
Title 62 - South Carolina Probate Code

Section 62-1-109. Duties and obligations of lawyer and person serving as a fiduciary. - Unless expressly provided otherwise in a written employment agreement, the...

Section 62-1-110. Fiduciary and lawyer, privileged communication. - Whenever an attorney-client relationship exists between a lawyer and a...

Section 62-1-111. Authority to award costs and expenses. - In a formal proceeding, the court, as justice and equity...

Section 62-1-112. Inherent power of court. - The inherent power of the court to impose penalties for...

Section 62-1-201. General definitions. - Subject to additional definitions contained in the subsequent articles which...

Section 62-1-301. Territorial application. - Except as otherwise provided in this Code, this Code applies...

Section 62-1-302. Subject matter jurisdiction; concurrent jurisdiction with family court. - (a) To the full extent permitted by the Constitution, and...

Section 62-1-303. Venue; multiple proceedings; transfer. - (a) Subject to the provisions of Section 62-3-201, where a...

Section 62-1-304. South Carolina Rules of Civil Procedure govern formal proceedings. - The South Carolina Rules of Civil Procedure (SCRCP) adopted for...

Section 62-1-305. Records and certified copies. - The court shall keep a record for each decedent, ward,...

Section 62-1-306. Jury trials. - (a) If duly demanded, a party is entitled to trial...

Section 62-1-307. Probate judge; powers. - The acts and orders which this Code specifies as performable...

Section 62-1-308. Appeals. - Except as provided in subsection (1), appeals from the probate...

Section 62-1-309. Election and term of judges. - The judges of the probate court shall be elected by...

Section 62-1-401. Notice; method and time of giving. - (a) If notice of a hearing on a petition is...

Section 62-1-402. Notice; waiver. - A person, including a guardian ad litem, conservator, or other...

Section 62-1-403. Pleadings; when parties bound by others; notice. - In formal proceedings involving trusts or estates of decedents, minors,...

Section 62-1-500. Short title. - This part may be cited as the "Uniform Simultaneous Death...

Section 62-1-501. Definitions. - For purposes of this part: (1) "Co-owners with right of...

Section 62-1-502. Requirement of survival by 120 hours; individuals, two or more beneficiaries, class members. - (a) Except as otherwise provided by this Code, where the...

Section 62-1-503. Requirement of survival by 120 hours under governing instruments. - Except as otherwise provided by this Code, for purposes of...

Section 62-1-504. Co-owners with right of survivorship; requirement of survival by 120 hours. - Except as otherwise provided by this Code, if: (a) it...

Section 62-1-505. Right or benefit that depends on surviving the death of a decedent's killer. - Notwithstanding any other provisions of the Code, solely for the...

Section 62-1-506. Exceptions. - Survival by one hundred twenty hours is not required if...

Section 62-1-507. Evidence of death or status. - In addition to the South Carolina Rules of Evidence, the...

Section 62-1-508. Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient. - (1) A payor or other third party is not liable...

Section 62-1-509. Construction. - This part [Sections 62-1-501 et seq.] shall be so construed...

Article 2 - Intestate Succession And Wills

Section 62-2-101. Intestate estate. - Any part of the estate of a decedent not effectively...

Section 62-2-102. Share of the spouse. - The intestate share of the surviving spouse is: (1) if...

Section 62-2-103. Share of heirs other than surviving spouse. - The part of the intestate estate not passing to the...

Section 62-2-104. Requirement that individual survive decedent for one hundred twenty hours. - (1) For purposes of intestate succession, homestead allowance, and exempt...

Section 62-2-105. No taker. - If there is no taker under the provisions of this...

Section 62-2-106. Representation; disclaimer by intestate beneficiary. - If representation is called for by this Code, the estate...

Section 62-2-107. Kindred of half blood. - Relatives of the half blood inherit the same share they...

Section 62-2-108. Afterborn heirs. - Issue of the decedent (but no other persons) conceived before...

Section 62-2-109. Meaning of child and related terms. - If, for purposes of intestate succession, a relationship of parent...

Section 62-2-110. Advancements. - If a person dies intestate as to all his estate,...

Section 62-2-111. Debts to decedent. - A debt owed to the decedent is not charged against...

Section 62-2-112. Alienage. - No person is disqualified to take as an heir because...

Section 62-2-113. Persons related to decedent through two lines. - A person who is related to the decedent through two...

Section 62-2-114. Limitation on parent's entitlement as intestate heirs to estate proceeds; failure to provide support for decedent during minority. - Notwithstanding any other provision of law, if the parents of...

Section 62-2-201. Right of elective share. - (a) If a married person domiciled in this State dies,...

Section 62-2-202. Probate estate. - (a) For purposes of this Part, probate estate means the...

Section 62-2-203. Exercise of right of election by surviving spouse. - The right of election of the surviving spouse may be...

Section 62-2-204. Voluntary waiver of surviving spouse's right to elective share, homestead allowance, and exempt property; property settlement in anticipation of divorce. - (A) The rights of a surviving spouse to an elective...

Section 62-2-205. Proceedings for elective share; time limit. - (a) The surviving spouse may elect to take an elective...

Section 62-2-206. Effect of election on benefits by will or statute. - A surviving spouse is entitled to benefits provided under or...

Section 62-2-207. Charging spouse with gifts received; liability of others for balance of elective share. - (a) In the proceeding for an elective share, all property,...

Section 62-2-301. Omitted spouse. - (a) If a testator fails to provide by will for...

Section 62-2-302. Pretermitted children. - (a) If a testator fails to provide in his will...

Section 62-2-401. Exempt property. - The surviving spouse of a decedent who was domiciled in...

Section 62-2-402. Source, determination, and documentation. - (a) If the estate is otherwise sufficient, property specifically devised...

Section 62-2-403. Federal veteran payments shall be exempt from creditors' claims. - All monies paid for insurance, compensation, or pensions by the...

Section 62-2-501. Who may make a will. - An individual who is of sound mind and who is...

Section 62-2-502. Execution. - Except as provided for writings within Section 62-2-512 and wills...

Section 62-2-503. Attestation and self-proving. - (a) Any will may be simultaneously executed, attested, and made...

Section 62-2-504. Subscribing witnesses not incompetent because of interest; effect on gifts to them. - (a) A subscribing witness to any will is not incompetent...

Section 62-2-505. Choice of law as to execution. - A written will is valid if: (a) it is executed...

Section 62-2-506. Revocation by writing or by act. - (a) A will or any part thereof is revoked: (1)...

Section 62-2-507. Revocation by divorce, annulment, and order terminating marital property rights; no revocation by other changes of circumstances. - (a) In this section: (1) "Disposition or appointment of property"...

Section 62-2-508. Revival of revoked will. - (a) If a subsequent will that wholly revoked a previous...

Section 62-2-509. Incorporation by reference. - Any writing in existence when a will is executed may...

Section 62-2-510. Additions to trusts. - (A) A devise made by a will to the trustee...

Section 62-2-511. Events of independent significance. - A will may dispose of property by reference to acts...

Section 62-2-512. Separate writing identifying bequest of tangible property. - A will may refer to a written statement or list...

Section 62-2-601. Rules of construction and intention; reformation of will. - (A) The intention of a testator as expressed in the...

Section 62-2-602. Construction that will passes all property; after-acquired property. - A will is construed to pass all property which the...

Section 62-2-603. Anti-lapse; deceased devisee; class gifts. - (A) Unless a contrary intent appears in the will, if...

Section 62-2-604. Failure of testamentary provision. - (A) Except as provided in Section 62-2-603, if a devise...

Section 62-2-605. Change in securities; accessions; nonademption. - (A) If the testator intended a specific devise of certain...

Section 62-2-606. Nonademption of specific devises in certain cases; unpaid proceeds of sale, condemnation, or insurance; sale by conservator. - (a) A specific devisee has the right to the specifically...

Section 62-2-607. Nonexoneration. - A specific devise passes subject to any mortgage, pledge, security...

Section 62-2-608. Exercise of power of appointment. - A general residuary clause in a will, or a will...

Section 62-2-609. Construction of generic terms to accord with relationships as defined for intestate succession. - Half bloods, adopted persons, and persons born out of wedlock...

Section 62-2-610. Ademption by satisfaction. - (a) Property which a testator gave in the testator's lifetime...

Section 62-2-611. Construction that devise passes fee simple. - A devise of land is construed to pass an estate...

Section 62-2-612. Proceeding to determine decedent's intent regarding application of certain federal tax formulas. - The personal representative, trustee, or any affected beneficiary under a...

Section 62-2-701. Contracts concerning succession. - A contract to make a will or devise, or to...

Section 62-2-801. Disclaimer. - (a) This section applies to disclaimers of any interest in...

Section 62-2-802. Effect of divorce, annulment, decree of separate maintenance, or order terminating marital property rights. - (a) An individual who is divorced from the decedent or...

Section 62-2-803. Effect of homicide on intestate succession, wills, joint assets, life insurance, and beneficiary designations. - (a) An individual who feloniously and intentionally kills the decedent...

Section 62-2-804. Effect of provision for survivorship on succession to joint tenancy. - When any individual is seized or possessed of any real...

Section 62-2-805. Presumption of ownership of tangible personal property; exceptions. - (A) For purposes of this article, tangible personal property in...

Section 62-2-806. Modification to achieve testator's tax objectives. - To achieve the testator's tax objectives, the personal representative or...

Section 62-2-901. Delivery of will to judge of probate; filing. - (a) After the death of a testator, a person having...

Section 62-2-1010. Definitions. - As used in this part: (1) "Account" means an arrangement...

Section 62-2-1015. Application of part. - (A) This part applies to a: (1) fiduciary acting under...

Section 62-2-1020. User direction for disclosure of digital assets. - (A) A user may use an online tool to direct...

Section 62-2-1025. Terms-of-service agreement. - (A) This part does not change or impair a right...

Section 62-2-1030. Procedure for disclosing digital assets. - (A) When disclosing digital assets of a user under this...

Section 62-2-1035. Disclosure of content of electronic communications of deceased user. - If a deceased user consented or a court directs disclosure...

Section 62-2-1040. Disclosure of other digital assets of deceased user. - Unless the user prohibited disclosure of digital assets or the...

Section 62-2-1045. Disclosure of content of electronic communications of principal. - To the extent a power of attorney expressly grants an...

Section 62-2-1050. Disclosure of other digital assets of principal. - Unless otherwise ordered by the court, directed by the principal,...

Section 62-2-1055. Disclosure of digital assets held in trust when trustee is original user. - Unless otherwise ordered by the court or provided in a...

Section 62-2-1060. Disclosure of contents of electronic communications held in trust when trustee not original user. - Unless otherwise ordered by the court, directed by the user,...

Section 62-2-1065. Disclosure of other digital assets held in trust when trustee not original user. - Unless otherwise ordered by the court, directed by the user,...

Section 62-2-1070. Disclosure of digital assets to conservator of protected person. - (A) After an opportunity for a hearing under Article 5...

Section 62-2-1075. Fiduciary duty and authority. - (A) The legal duties imposed on a fiduciary charged with...

Section 62-2-1080. Custodian compliance and immunity. - (A) Not later than sixty days after receipt of the...

Section 62-2-1085. Uniformity of application and construction. - In applying and construing this uniform act, consideration must be...

Section 62-2-1090. Electronic Signatures in Global and National Commerce Act. - This uniform act modifies, limits, or supersedes the Electronic Signatures...

Article 3 - Probate Of Wills And Administration

Section 62-3-101. Devolution of estate at death; restrictions. - The power of a person to leave property by will...

Section 62-3-102. Necessity of order of probate for will. - Except as provided in Section 62-3-1201 and except as to...

Section 62-3-103. Necessity of appointment for administration. - Except as otherwise provided in this article [Sections 62-3-101 et...

Section 62-3-104. Claims against decedent; necessity of administration. - No claim may be filed against the estate of a...

Section 62-3-105. Proceedings affecting devolution and administration; jurisdiction of subject matter. - Persons interested in decedents' estates may apply to the court...

Section 62-3-106. Proceedings within the jurisdiction of court; service; jurisdiction over persons. - In proceedings within the jurisdiction of the court where notice...

Section 62-3-107. Scope of proceedings; proceedings independent; exception. - Unless administration under Part 5 [Sections 62-3-501 et seq.] is...

Section 62-3-108. Probate, testacy, and appointment proceedings; ultimate time limit. - (A)(1) No informal probate or appointment proceeding or formal testacy...

Section 62-3-109. Statute of limitations on decedent's cause of action. - The running of any statute of limitations on a cause...

Section 62-3-201. Venue for first and subsequent estate proceedings; location of property. - (a) Venue for the first informal or formal testacy or...

Section 62-3-202. Appointment or testacy proceedings; conflicting claim of domicile in another state. - If conflicting claims as to the domicile of a decedent...

Section 62-3-203. Priority among persons seeking appointment as personal representative. - (a) Whether the proceedings are formal or informal, persons who...

Section 62-3-204. Demand for notice of order or filing concerning decedent's estate. - Any interested person desiring notice of any order or filing...

Section 62-3-301. Applications for informal probate or appointment; contents. - (a) Applications for informal probate or informal appointment shall be...

Section 62-3-302. Informal probate; duty of court; effect of informal probate. - Upon receipt of an application requesting informal probate of a...

Section 62-3-303. Informal probate; proof and findings required. - (a) In an informal proceeding for original probate of a...

Section 62-3-304. Informal probate unavailable in certain cases. - Applications for informal probate which relate to one or more...

Section 62-3-305. Informal probate; court not satisfied. - If the court is not satisfied that a will is...

Section 62-3-306. Notice requirements. - (a) The moving party must give notice as described by...

Section 62-3-307. Informal appointment proceedings; delay in order; duty of court; effect of appointment. - (a) Upon receipt of an application for informal appointment of...

Section 62-3-308. Informal appointment proceedings; proof and findings required. - (a) In informal appointment proceedings, the court must determine whether:...

Section 62-3-309. Informal appointment proceedings; court not satisfied. - If the court is not satisfied that a requested informal...

Section 62-3-310. Informal appointment proceedings; notice requirements. - The applicant must give notice of his intention to seek...

Section 62-3-311. Informal appointment unavailable in certain cases. - If an application for informal appointment indicates the existence of...

Section 62-3-401. Formal testacy proceedings; nature; when commenced. - A formal testacy proceeding is litigation to determine whether a...

Section 62-3-402. Formal testacy or appointment proceedings; petition; contents. - (a) Petitions for formal probate of a will, or for...

Section 62-3-403. Notice of hearing on petition. - (a) Upon commencement of a formal testacy proceeding or at...

Section 62-3-404. Written objections to probate. - Any party to a formal proceeding who opposes the probate...

Section 62-3-405. Uncontested cases; hearings and proof. - If a petition in a testacy proceeding is unopposed, the...

Section 62-3-406. Testimony of attesting witnesses. - In a contested case in which the proper execution of...

Section 62-3-407. Burdens in contested cases. - In contested cases, petitioners who seek to establish intestacy have...

Section 62-3-408. Effect of final order in another jurisdiction. - A final order of a court of another state determining...

Section 62-3-409. Order; foreign will. - Upon proof of service of the summons and petition, and...

Section 62-3-410. Probate of more than one instrument. - (A) If two or more instruments are offered for probate...

Section 62-3-411. Partial intestacy. - If it becomes evident in the course of a formal...

Section 62-3-412. Effect of order; vacation. - Subject to appeal and subject to vacation as provided herein...

Section 62-3-413. Vacation of order for other cause. - For good cause shown, an order in a formal testacy...

Section 62-3-414. Formal proceedings concerning appointment of personal representative. - (a) A formal proceeding for adjudication regarding the priority or...

Section 62-3-501. Nature of proceeding. - Administration under Part 5 [Sections 62-3-501 et seq.] is a...

Section 62-3-502. Petition; order. - A petition for administration under Part 5 [Sections 62-3-501 et...

Section 62-3-503. Effect on other proceedings. - (a) The pendency of a proceeding for administration under Part...

Section 62-3-504. Powers of personal representative. - Unless restricted by the court, a personal representative under Part...

Section 62-3-505. Interim orders; distribution and closing orders. - Unless otherwise ordered by the court, administration under Part 5...

Section 62-3-601. Qualification. - Prior to receiving letters, a personal representative shall qualify by...

Section 62-3-602. Acceptance of appointment; consent to jurisdiction. - By accepting appointment, a personal representative submits personally to the...

Section 62-3-603. Bond not required without court order; exceptions; waiver of bond requirement. - (A) Except as may be required pursuant to Section 62-3-605...

Section 62-3-604. Bond amount; security; procedure; reduction. - If bond is required and the provisions of the will...

Section 62-3-605. Demand for bond by interested person. - Any person apparently having an interest in the estate worth...

Section 62-3-606. Terms and conditions of bonds. - (a) The following requirements and provisions apply to any bond...

Section 62-3-607. Order restraining personal representative. - (a) Upon application of any interested person, the court by...

Section 62-3-608. Termination of appointment. - Termination of appointment of a personal representative occurs as indicated...

Section 62-3-609. Death or disability terminates appointment. - The death of a personal representative or the appointment of...

Section 62-3-610. Order closing estate terminates appointment. - (a) Unless otherwise provided, an order closing an estate as...

Section 62-3-611. Petition for removal; cause; procedure. - (a) A person interested in the estate may petition for...

Section 62-3-612. Change of testacy status. - Except as otherwise ordered in formal proceedings, the probate of...

Section 62-3-613. Successor personal representative. - Parts 3 and 4 of this article [Sections 62-3-301 et...

Section 62-3-614. Special administrator; appointment. - A special administrator may be appointed: (1) informally by the...

Section 62-3-615. Special administrator; who may be appointed. - (a) If a special administrator is to be appointed pending...

Section 62-3-616. Special administrator; appointed informally; powers and duties. - A special administrator appointed by the court in informal proceedings...

Section 62-3-617. Special administrator; formal proceedings; powers and duties. - A special administrator appointed by order of the court in...

Section 62-3-618. Termination of appointment; special administrator. - The appointment of a special administrator terminates in accordance with...

Section 62-3-619. "Executor de son tort" defined. - Any person who obtains, receives, or possesses property of whatever...

Section 62-3-620. Order for executor de son tort to account for deceased's property; decree for damages. - Acting sua sponte or upon the petition of any interested...

Section 62-3-621. Rights under Section 62-3-620 survive death of executor de son tort. - The rights of the probate court and interested parties set...

Section 62-3-701. Time of accrual of duties and powers. - The duties and powers of a personal representative commence upon...

Section 62-3-702. Priority among different letters. - A person to whom general letters are issued first has...

Section 62-3-703. General duties; relation and liability to persons interested in estate; standing to sue. - (a) A personal representative is a fiduciary who shall observe...

Section 62-3-704. Personal representative to proceed with court sanction. - A personal representative shall proceed expeditiously with the settlement and...

Section 62-3-705. Duty of personal representative; information to heirs and devisees. - Not later than thirty days after his appointment every personal...

Section 62-3-706. Duty of personal representative; inventory and appraisement. - (A) Within ninety days after his appointment, a personal representative,...

Section 62-3-707. Employment of appraisers. - The personal representative may obtain a qualified and disinterested appraiser...

Section 62-3-708. Duty of personal representative; supplementary inventory. - If any property not included in the original inventory and...

Section 62-3-709. Duty of personal representative; possession of estate. - Except as otherwise provided by a decedent's will, every personal...

Section 62-3-710. Power to avoid transfers. - The property liable for the payment of unsecured debts of...

Section 62-3-711. Powers of personal representatives; in general. - (a) Until termination of his appointment or unless otherwise provided...

Section 62-3-712. Improper exercise of power; breach of fiduciary duty. - If the exercise of power concerning the estate is improper,...

Section 62-3-713. Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions. - Any sale or encumbrance to the personal representative, his spouse,...

Section 62-3-714. Persons dealing with personal representative; protection. - A person who in good faith either assists a personal...

Section 62-3-715. Transactions authorized for personal representatives; exceptions. - Except as restricted or otherwise provided by the will or...

Section 62-3-716. Powers and duties of successor personal representative. - A successor personal representative has the same power and duty...

Section 62-3-717. Corepresentatives; when joint action required. - If two or more persons are appointed corepresentatives and unless...

Section 62-3-718. Powers of surviving personal representative. - Unless the terms of the will otherwise provide, every power...

Section 62-3-719. Compensation of personal representative. - (a) Unless otherwise approved by the court for extraordinary services,...

Section 62-3-720. Expenses in estate litigation. - If any personal representative or person nominated as personal representative...

Section 62-3-721. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. - (a) After notice to all interested persons, on petition of...

Section 62-3-801. Notice to creditors. - (a) Unless notice has already been given under this section,...

Section 62-3-802. Statutes of limitations. - (a) Unless an estate is insolvent, the personal representative, with...

Section 62-3-803. Limitations on presentation of claims. - (a) All claims against a decedent's estate which arose before...

Section 62-3-804. Manner of presentation of claims. - Claims against a decedent's estate must be presented as follows:...

Section 62-3-805. Classification of claims. - (a) If the applicable assets of the estate are insufficient...

Section 62-3-806. Allowance of claims. - (a) As to claims presented in the manner described in...

Section 62-3-807. Payment of claims. - (a) Prior to the closing of the estate and no...

Section 62-3-808. Individual liability of personal representative. - (a) Unless otherwise provided in the contract, a personal representative...

Section 62-3-809. Secured claims. - Payment of a secured claim is upon the basis of...

Section 62-3-810. Claims not due; contingent or unliquidated claims. - (a) If a claim which will become due at a...

Section 62-3-811. Counterclaims. - In allowing a claim, the personal representative may deduct any...

Section 62-3-812. Execution and levies prohibited. - No execution may issue upon nor may any levy be...

Section 62-3-813. Compromise of claims. - When a claim against the estate has been presented in...

Section 62-3-814. Encumbered assets. - If any assets of the estate are encumbered by mortgage,...

Section 62-3-815. Administration in more than one state; duty of personal representative. - (a) All assets of estates being administered in this State...

Section 62-3-816. Final distribution to domiciliary representative. - The estate of a nonresident decedent being administered by a...

Section 62-3-901. Successors' rights if no administration. - In the absence of administration, the devisees are entitled to...

Section 62-3-902. Distribution; order in which assets appropriated; abatement. - (a) Except as provided in subsection (b), and except as...

Section 62-3-903. Right of retainer. - The amount of a liquidated indebtedness of a successor to...

Section 62-3-905. Penalty clause for contest. - A provision in a will purporting to penalize any interested...

Section 62-3-906. Distribution in kind; valuation; method. - (a) Unless a contrary intention is indicated by the will,...

Section 62-3-907. Distribution in kind; evidence. - (A) If distribution in kind is made, the personal representative...

Section 62-3-908. Distribution; right or title of distributee. - Proof that a distributee has received an instrument or deed...

Section 62-3-909. Improper distribution; liability of distributee. - Unless the distribution or payment no longer can be questioned...

Section 62-3-910. Purchasers from distributees or personal representatives protected. - (A) If property distributed in kind (whether real or personal...

Section 62-3-911. Partition for purpose of distribution. - For purposes of this section, "interested heirs or devisees" means...

Section 62-3-912. Private agreements among successors to decedent binding on personal representative. - Subject to the rights of creditors and taxing authorities, competent...

Section 62-3-913. Distributions to trustee. - (a) Before distributing to a trustee, the personal representative may...

Section 62-3-914. Disposition of unclaimed assets. - (a) If after the expiration of eight months from the...

Section 62-3-915. Distribution to person under disability. - A personal representative may discharge his obligation to distribute to...

Section 62-3-916. Apportionment of estate taxes. - (a) For purposes of this section: (1) "Estate" means the...

Section 62-3-1001. Required filings with court; petition for order compelling personal representative to perform duties; court orders. - (a) Within the later of: (i) the expiration of the...

Section 62-3-1002. Payment of taxes; certificate from Department of Revenue. - No final accounting of a fiduciary shall be allowed by...

Section 62-3-1003. Payment of taxes; filing federal estate tax return. - No final accounting of a personal representative in any probate...

Section 62-3-1004. Liability of distributees to claimants. - After assets of an estate have been distributed and subject...

Section 62-3-1005. Rights of successors and creditors. - Unless previously barred by adjudication and except as provided in...

Section 62-3-1006. Limitations on actions and proceedings against distributees. - Unless previously adjudicated in a formal testacy proceeding or in...

Section 62-3-1007. Certificate discharging liens securing fiduciary performance. - After his appointment has terminated, the personal representative, his sureties,...

Section 62-3-1008. Subsequent administration. - If other property of the estate is discovered after an...

Section 62-3-1101. Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons. - A compromise of a controversy as to admission to probate...

Section 62-3-1102. Procedure for securing court approval of compromise. - The procedure for securing court approval of a compromise is...

Section 62-3-1201. Collection of personal property by affidavit. - (a) Thirty days after the death of a decedent, any...

Section 62-3-1202. Effect of affidavit. - The person paying, delivering, transferring, or issuing personal property or...

Section 62-3-1203. Small estates; summary administrative procedure. - (a) If it appears from the inventory and appraisal that...

Section 62-3-1204. Small estates; closing by sworn statement of personal representative. - (a) Unless prohibited by order of the court and except...

Section 62-3-1301. Only procedure for sale of lands by court. - The provisions of this Part are hereby declared to be...

Section 62-3-1302. Sale of real estate. - The court may, as herein provided, authorize the sale of...

Section 62-3-1303. Issuance of summons upon petition for sale. - At any time after the qualification of the personal representative,...

Section 62-3-1304. Form of summons. - The form of such summons must be in like form...

Section 62-3-1305. Service of summons and petition. - To such summons a copy of the petition must be...

Section 62-3-1306. Execution of process by sheriff; fees. - The sheriffs of the several counties in this State are...

Section 62-3-1307. Publication as to nonresidents and parties with unknown residences. - If there is any party who resides beyond the limits...

Section 62-3-1308. Filing notice of pendency of action. - Upon the filing of the petition, the petitioner shall file...

Section 62-3-1309. Time for answer. - The time to answer a summons and petition for sale...

Section 62-3-1310. Bond for handling of proceeds by personal representative. - The regular bond of the personal representative must protect the...

Section 62-3-1311. Filing of papers; requirement of returns. - The court shall file and keep the original petition with...

Section 62-3-1312. Entry of releases of liens on property sold. - In case any lands of the deceased subject to the...

Article 4 - Local And Foreign Personal Representatives; Ancillary Administration

Section 62-4-101. Definitions. - In this article [Sections 62-4-101 et seq.]: (1) "Local administration"...

Section 62-4-201. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration. - At any time after the expiration of sixty days from...

Section 62-4-202. Payment or delivery discharges. - Payment or delivery made in good faith on the basis...

Section 62-4-203. Resident creditor notice. - Payment or delivery under Section 62-4-201 may not be made...

Section 62-4-204. Proof of authority; bond. - If no local administration or application or petition therefor is...

Section 62-4-205. Powers. - A domiciliary foreign personal representative who has complied with Section...

Section 62-4-206. Power of representatives in transition. - The power of a domiciliary foreign personal representative under Section...

Section 62-4-207. Ancillary and other local administrations; governing provision. - In respect to a nonresident decedent, the provisions of Article...

Section 62-4-301. Jurisdiction by act of foreign personal representative. - A foreign personal representative submits personally to the jurisdiction of...

Section 62-4-302. Jurisdiction by act of decedent. - In addition to jurisdiction conferred by Section 62-4-301, a foreign...

Section 62-4-303. Service on foreign personal representative. - (a) Service of process may be made upon the foreign...

Section 62-4-401. Effect of adjudication for or against personal representative. - An adjudication rendered in any jurisdiction in favor of or...

Article 5 - Protection Of Persons Under Disability And Their Property

Section 62-5-101. Definitions and use of terms. - Unless otherwise apparent from the context, in this article: (1)...

Section 62-5-102. Consolidation of proceedings. - When both guardianship proceedings and protective proceedings as to the...

Section 62-5-103. Facility of payment or delivery. - (A) A person under a duty to pay or deliver...

Section 62-5-104. Director of Department of Mental Health or his designee may act as conservator. - If a patient of a state mental health facility has...

Section 62-5-105. Costs and expenses; attorney's fees. - (A) In a formal proceeding, the court, as justice and...

Section 62-5-106. Responsibilities and duties of guardian ad litem; reports. - (A) Once a guardian ad litem is appointed by the...

Section 62-5-107. Finding of incapacity. - Unless an order of the court specifies otherwise, a finding...

Section 62-5-108. Temporary orders and hearings. - (A) The process for emergency orders without notice, emergency hearings,...

Section 62-5-201. Jurisdiction. - Exclusive jurisdiction of the court is set forth in Sections...

Section 62-5-301. Testamentary nomination of guardian for incapacitated individual. - (A) The parent of an alleged incapacitated individual may by...

Section 62-5-302. Venue. - Venue for guardianship proceedings is in the place where the...

Section 62-5-303. Procedure for court appointment of a guardian; summons and petition. - (A) A person seeking a finding of incapacity, appointment of...

Section 62-5-303A. Procedure for court appointment of a guardian; service. - (A) As soon as reasonably possible after the filing of...

Section 62-5-303B. Procedure for court appointment of a guardian; appointments of counsel, guardians ad litem, and an examiner. - (A) Upon receipt by the court of proof of service...

Section 62-5-303C. Procedure for court appointment of a guardian; hearing. - (A) As soon as the interests of justice may allow,...

Section 62-5-303D. Procedure for court appointment of a guardian; report evaluating condition of alleged incapacitated individual. - (A) Each examiner shall complete a notarized report setting forth...

Section 62-5-304. Order of appointment; alternatives; limitations on guardian's powers. - (A) The court shall exercise its authority to encourage maximum...

Section 62-5-304A. Rights and powers of ward and guardian. - (A) The court shall set forth the rights and powers...

Section 62-5-305. Acceptance of appointment; consent to jurisdiction. - By accepting appointment, a guardian submits personally to the jurisdiction...

Section 62-5-306. Termination of guardianship for incapacitated person; accounting of funds. - (A) Upon the death of the ward, the guardian shall...

Section 62-5-307. Informal request for relief. - (A) The ward or another person interested in his welfare,...

Section 62-5-307A. Removal of guardian; termination of incapacity. - (A) Upon filing of a summons and petition with the...

Section 62-5-308. Guardian; qualifications; priorities. - (A) In appointing a guardian, the court shall consider persons...

Section 62-5-309. Delegation of guardian's powers. - (A) Subject to the rights and powers retained by the...

Section 62-5-310. Proceedings subsequent to appointment; venue. - (A) The court that appointed the guardian shall maintain jurisdiction...

Section 62-5-401. Venue. - Subject to the provisions of Section 62-5-701, et seq., venue...

Section 62-5-402. Protective proceedings; minors. - (A) The appointment of a conservator or issuance of a...

Section 62-5-403. Protective proceedings; incapacitated and disabled persons. - (A) A person seeking a finding of incapacity, appointment of...

Section 62-5-403A. Service of summons and petition. - (A) As soon as reasonably possible after the filing of...

Section 62-5-403B. Appointment of counsel and guardian ad litem. - (A) Except in cases governed by Section 62-5-431 relating to...

Section 62-5-403C. Hearing; waiver. - (A) As soon as the interests of justice may allow,...

Section 62-5-403D. Report of examiner. - (A) Each examiner shall complete a notarized report setting forth...

Section 62-5-404. Protective proceedings; limited conservatorship. - (A) Upon a finding by clear and convincing evidence that...

Section 62-5-405. Protective arrangements. - (A) When it is established in a formal proceeding that...

Section 62-5-406. Reserved. - HISTORY: Former Section, titled Protective proceedings; request for notice; interested...

Section 62-5-407. Order of appointment; rights and powers of protected person. - (A) The court shall exercise its authority to encourage maximum...

Section 62-5-408. Conservator; qualifications; priorities. - (A) In appointing a conservator, the court shall consider persons...

Section 62-5-409. Bond. - Except upon a finding of good cause, the court shall...

Section 62-5-410. Terms and requirements of bonds. - (A) The following requirements and provisions apply to any bond...

Section 62-5-411. Acceptance of appointment; consent to jurisdiction. - By accepting appointment, a conservator submits personally to the jurisdiction...

Section 62-5-412. Compensation and expenses. - Any conservator or special conservator appointed in a protective proceeding...

Section 62-5-413. Informal request for relief. - (A) The protected person or another person interested in his...

Section 62-5-414. General duty of conservator; financial plan. - (A) In the exercise of his powers, a conservator is...

Section 62-5-415. Inventory and records. - Within thirty days of appointment, the conservator shall prepare and...

Section 62-5-416. Reporting requirements. - (A) A conservator shall report to the court regarding his...

Section 62-5-417. Conservators; title by appointment. - The appointment of a conservator vests in him title as...

Section 62-5-418. Fiduciary letters of conservatorship. - (A) Fiduciary letters of conservatorship are evidence of transfer of...

Section 62-5-419. Sale or encumbrance involving conflict of interest. - Pursuant to the procedures set forth in Section 62-5-428(B), the...

Section 62-5-420. Persons dealing with conservators; protection. - A person, who in good faith either assists a conservator...

Section 62-5-421. Interest of protected person not transferable or assignable. - (A) Except as otherwise provided in subsections (B) and (C),...

Section 62-5-422. Powers of conservator in administration. - (A) Except as otherwise qualified or limited by court order,...

Section 62-5-423. Distributive duties and powers of conservator. - (A) A conservator may expend or distribute sums from the...

Section 62-5-424. Reserved. - HISTORY: Former Section, titled Powers of conservator in administration, had...

Section 62-5-425. Preservation of estate plan. - In investment and distribution of estate assets or in the...

Section 62-5-426. Claims against protected person. - (A) The probate court has exclusive jurisdiction over claims against...

Section 62-5-427. Individual liability of conservator. - (A) Unless otherwise provided in a contract, a conservator is...

Section 62-5-428. Actions for requests subsequent to appointment; procedures. - (A)(1) Upon filing of an application with the appointing court,...

Section 62-5-429. Payment of debt and delivery of property to foreign conservator without local proceedings. - (A) A person indebted to a protected person, or having...

Section 62-5-430. Foreign conservator; proof of authority; bond; powers. - (A) If a conservator has not been appointed in this...

Section 62-5-431. Payment of benefits from U.S. Department of Veterans Affairs to a minor or an incapacitated person; definitions. - (A) For purposes of this section: (1) "Estate" and "income"...

Section 62-5-432. Special needs trust. - (A) The court has authority to create and establish a...

Section 62-5-433. Definitions; procedures for settlement of claims in favor of or against minors or incapacitated persons. - (A)(1) For purposes of this section and for any claim...

Section 62-5-500. Short title. - This part may be cited as the "South Carolina Statutory...

Section 62-5-501. Definitions. - As used in this part: (1) "Agent" or "health care...

Section 62-5-502. Health care power of attorney is a durable power of attorney; applicability of part. - (a) A health care power of attorney is a durable...

Section 62-5-503. Requirements for health care power of attorney. - (a) A health care power of attorney must: (1) be...

Section 62-5-504. Form of health care power of attorney. - A health care power of attorney executed on or after...

Section 62-5-505. Health care agent powers. - A health care agent has, in addition to the powers...

Section 62-5-506. Compensation of agent; liability for costs of care or services. - (a) The agent is not entitled to compensation for services...

Section 62-5-507. Pregnancy of principal. - If a principal has been diagnosed as pregnant, life-sustaining procedures...

Section 62-5-508. Duty of health care or nursing care provider. - A health care provider or nursing care provider having knowledge...

Section 62-5-509. Duty of agent. - An agent acting pursuant to a health care power of...

Section 62-5-510. Immunity from liability. - (a) A person who relies in good faith upon a...

Section 62-5-511. Appointment of successor agents. - (a) The principal may appoint one or more successor agents...

Section 62-5-512. Revocation of health care power of attorney. - (a) A health care power of attorney may be revoked...

Section 62-5-513. Execution of health care power of attorney; signing requirement; mercy killing not approved; absence of health care power of attorney. - (a) The execution and effectuation of a health care power...

Section 62-5-514. Criminal liability. - If a person coerces or fraudulently induces another person to...

Section 62-5-515. Informing another person regarding this part not prohibited. - Nothing in this part prohibits a person from informing another...

Section 62-5-516. Civil liability. - (a) If a person wilfully conceals, cancels, defaces, obliterates, or...

Section 62-5-517. Document or writing deemed to comply with requirements of this part. - (a) A document or writing containing the following provisions is...

Section 62-5-518. Validity of a durable power of attorney. - The validity of a durable power of attorney that authorizes...

Section 62-5-700. Short title. - This act may be cited as the "South Carolina Adult...

Section 62-5-701. Exclusive jurisdiction. - Notwithstanding another provision of law, this part provides the exclusive...

Section 62-5-702. Definitions. - In addition to the terms defined in Part 1, Article...

Section 62-5-703. Treatment of foreign countries. - The court may treat a foreign country as if it...

Section 62-5-704. Court communication with court in another state; record required; exceptions; participation of parties. - (A) The court may communicate with a court in another...

Section 62-5-705. Requests to court of another state; requests from court of another state. - (A) In a guardianship or protective proceeding in this State,...

Section 62-5-706. Testimony of witness located in another state. - (A) In a guardianship or protective proceeding, in addition to...

Section 62-5-707. Jurisdiction of court. - The court has jurisdiction to appoint a guardian or issue...

Section 62-5-708. Special jurisdiction. - (A) The court lacking jurisdiction pursuant to Sections 62-5-707 (A)...

Section 62-5-709. Exclusive and continuing jurisdiction; exception. - Except as otherwise provided in Section 62-5-708, a court that...

Section 62-5-710. Declining jurisdiction; more appropriate forum; dismissal or stay of proceeding. - (A) The court having jurisdiction pursuant to Section 62-5-707 to...

Section 62-5-711. Jurisdiction acquired due to unjustifiable conduct; assessment of reasonable expenses against responsible party. - (A) If at any time the court determines that it...

Section 62-5-712. Notice requirements to alleged incapacitated individual's home state. - If a petition for the appointment of a guardian or...

Section 62-5-713. Rules for dealing with conflicting petitions in this and another state. - Except for a petition for the appointment of a guardian...

Section 62-5-714. Petition to transfer guardianship or conservatorship to another state; notice; hearing; provisional and final orders. - (A) A guardian or conservator appointed in this State may...

Section 62-5-715. Confirmation of transfer from another state; petition to accept guardianship or conservatorship; determination of needed modification. - (A) To confirm transfer of a guardianship or conservatorship to...

Section 62-5-716. Registration of orders from another state; powers in this state. - (A) If a guardian has been appointed in another state...

Article 6 - Nonprobate Transfers

Section 62-6-101. Definitions. - In this subpart: (1) "Account" means a contract of deposit...

Section 62-6-102. Applicability of article. - This article does not apply to: (i) an account established...

Section 62-6-103. Accounts. - (a) An account may be for a single party or...

Section 62-6-104. Short forms for single- and multiple-party accounts. - (a) A contract of deposit that contains provisions in substantially...

Section 62-6-105. Designation of agent; authority of agent. - By a writing signed by all parties, the parties may...

Section 62-6-106. Applicability of Part 2. - The provisions of Part 2 concerning beneficial ownership as between...

Section 62-6-201. Ownership during lifetime. - (A) During the lifetime of all parties, an account belongs...

Section 62-6-202. Right of survivorship. - (a) Except as otherwise provided in this subpart, on death...

Section 62-6-203. Rights of parties and beneficiaries. - (a) Rights at death of a party under Section 62-6-202...

Section 62-6-204. Transfers not testamentary. - A transfer resulting from the application of Section 62-6-202 is...

Section 62-6-205. Rights of creditors. - Subject to the provisions contained in Section 62-3-916, no multiple-party...

Section 62-6-301. Contract of deposit for a multiple-party account. - A financial institution may enter into a contract of deposit...

Section 62-6-302. Multiple-party accounts may be paid on request to one or more parties. - A financial institution, on request, may pay sums on deposit...

Section 62-6-303. Payment of POD account. - A financial institution, on request, may pay sums on deposit...

Section 62-6-304. Payment to agent. - A financial institution, on request of an agent under an...

Section 62-6-305. Payment to minors. - If a financial institution is required or permitted to make...

Section 62-6-306. Discharge. - (a) Payment made pursuant to this subpart in accordance with...

Section 62-6-307. Set-off. - Without qualifying any other statutory right to set-off or lien...

Article 7 - South Carolina Trust Code

Section 62-7-101. Short title. - This article may be cited as the South Carolina Trust...

Section 62-7-102. Scope. - This article applies to express trusts, charitable or noncharitable, and...

Section 62-7-103. Definitions. - In this article: (1) "Action," with respect to an act...

Section 62-7-104. Knowledge. - (a) Subject to subsection (b), a person has knowledge of...

Section 62-7-105. Default and mandatory rules. - (a) Except as otherwise provided in the terms of the...

Section 62-7-106. Common law of trusts; principles of equity. - The common law of trusts and principles of equity supplement...

Section 62-7-107. Governing law. - The meaning and effect of the terms of a trust...

Section 62-7-108. Principal place of administration. - (a) Unless otherwise designated by the terms of a trust,...

Section 62-7-109. Methods and waiver of notice. - (a) Notice to a person under this article or the...

Section 62-7-110. Requirement of notice to others. - (a) Whenever notice to qualified beneficiaries of a trust is...

Section 62-7-111. Nonjudicial settlement agreements. - (a) For purposes of this section, "interested persons" means persons...

Section 62-7-112. Rules of construction. - The rules of construction that apply in this State to...

Section 62-7-201. Role of court in administration of trust. - (a) Subject to the provisions of Section 62-1-302(d), the probate...

Section 62-7-202. Jurisdiction over trustee and beneficiary. - (a) By accepting the trusteeship of a trust having its...

Section 62-7-204. Venue. - (a) Except as otherwise provided in subsection (b), venue for...

Section 62-7-301. When parties bound by others. - (a) For purposes of this part, "beneficiary representative" refers to...

Section 62-7-302. Representation by holder of general testamentary power of appointment. - To the extent there is no conflict of interest between...

Section 62-7-303. Representation by fiduciaries and parents. - (a) To the extent there is no conflict of interest...

Section 62-7-304. Representation by person having substantially identical interest. - Unless otherwise represented, a minor, incapacitated, or unborn individual, or...

Section 62-7-305. Appointment of representative. - At any point in a judicial proceeding, a court may...

Section 62-7-401. Methods of creating trust. - (a)(1) A trust described in Section 62-7-102 may be created...

Section 62-7-402. Requirements for creation; merger of title. - (a) A trust is created only if: (1) the settlor...

Section 62-7-403. Trusts created in other jurisdictions. - A trust not created by will is validly created if...

Section 62-7-404. Trust purposes. - A trust may be created only to the extent its...

Section 62-7-405. Charitable purposes; enforcement. - (a) A charitable trust may be created for the relief...

Section 62-7-406. Creation of trust induced by fraud, duress, or undue influence. - A trust is voidable to the extent its creation was...

Section 62-7-407. Evidence of oral trust. - Except as otherwise required by statute, a trust need not...

Section 62-7-408. Trust for care of animal. - (a) A trust may be created to provide for the...

Section 62-7-409. Noncharitable trust without ascertainable beneficiary. - Except as otherwise provided in this section or by another...

Section 62-7-410. Modification or termination of trust; proceedings for approval or disapproval. - (a) In addition to the methods of termination prescribed by...

Section 62-7-411. Modification or termination of noncharitable irrevocable trust by consent with court approval. - (a) A noncharitable irrevocable trust may be modified or terminated...

Section 62-7-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively. - (a) The court may modify the administrative or dispositive terms...

Section 62-7-413. Equitable deviation. - (a) Except as otherwise provided in subsection (b), if a...

Section 62-7-414. Modification or termination of uneconomic trust. - (a) After notice to the qualified beneficiaries, and without court...

Section 62-7-415. Reformation to correct mistakes. - The court may reform the terms of a trust, even...

Section 62-7-416. Modification to achieve settlor's tax objectives. - To achieve the settlor's tax objectives, the court may modify...

Section 62-7-417. Combination and division of trusts. - After notice to the qualified beneficiaries, a trustee may combine...

Section 62-7-418. Estate and possession of trust estates shall be in beneficiaries. - (a) When any person shall be seized of any lands,...

Section 62-7-501. Rights of beneficiary's creditor or assignee. - (a) Except as provided in subsection (b), the court may...

Section 62-7-502. Spendthrift provision. - (a) A spendthrift provision is valid only if it restrains...

Section 62-7-503. Exceptions to spendthrift provision. - (a) In this section, "child" includes any person for whom...

Section 62-7-504. Discretionary trusts; effect of standard. - (a) In this section, "child" includes any person for whom...

Section 62-7-505. Creditors' claims against settlor. - (a) Whether or not the terms of a trust contain...

Section 62-7-506. Overdue distribution. - Whether or not a trust contains a spendthrift provision, a...

Section 62-7-507. Personal obligations of trustee. - Trust property is not subject to personal obligations of the...

Section 62-7-601. Capacity of settlor of revocable trust. - The capacity required to create, amend, revoke, or add property...

Section 62-7-602. Revocation or amendment of revocable trust. - (a) Unless the terms of a trust expressly provide that...

Section 62-7-602A. Powers of agent acting pursuant to power of attorney. - (a) An agent acting pursuant to a power of attorney...

Section 62-7-603. Settlor's powers. - While a trust is revocable, rights of the beneficiaries are...

Section 62-7-604. Limitation on action contesting validity of revocable trust; distribution of trust property. - (a) A person must commence a judicial proceeding to contest...

Section 62-7-605. Effect of penalty clause for contest. - A provision in a revocable trust purporting to penalize any...

Section 62-7-606. Anti-lapse provision in trust. - (A) Unless the trust expressly provides otherwise, if the beneficiary...

Section 62-7-607. Divorce or annulment as revoking revocable trust. - If after executing a revocable trust the settlor is divorced...

Section 62-7-701. Accepting or declining trusteeship. - (a) Except as otherwise provided in subsection (c), a person...

Section 62-7-702. Trustee's bond. - (a) A trustee shall provide bond to secure the performance...

Section 62-7-703. Cotrustees. - (a) Cotrustees who are unable to reach a unanimous decision...

Section 62-7-704. Vacancy in trusteeship; appointment of successor. - (a) A vacancy in a trusteeship occurs if: (1) a...

Section 62-7-705. Resignation of trustee. - (a) A trustee may resign: (1) upon at least 30...

Section 62-7-706. Removal of trustee. - (a) For the reasons set forth in subsection (b), the...

Section 62-7-707. Delivery of property by former trustee. - (a) Unless a cotrustee remains in office or the court...

Section 62-7-708. Compensation of trustee. - (a) If the terms of a trust do not specify...

Section 62-7-709. Reimbursement of expenses. - (a) A trustee is entitled to be reimbursed out of...

Section 62-7-801. Duty to administer trust. - Upon acceptance of a trusteeship, the trustee shall administer the...

Section 62-7-802. Duty of loyalty. - (a) A trustee shall administer the trust solely in the...

Section 62-7-803. Impartiality. - If a trust has two or more beneficiaries, the trustee...

Section 62-7-804. Prudent administration. - A trustee shall administer the trust as a prudent person...

Section 62-7-805. Costs of administration. - In administering a trust, the trustee may incur only costs...

Section 62-7-806. Trustee's skills. - A trustee who has special skills or expertise, or is...

Section 62-7-807. Delegation by trustee. - (a) A trustee may delegate duties and powers that a...

Section 62-7-808. Powers to direct. - (a) While a trust is revocable, the trustee may follow...

Section 62-7-809. Control and protection of trust property. - A trustee shall take reasonable steps to take control of...

Section 62-7-810. Recordkeeping and identification of trust property. - (a) A trustee shall keep adequate records of the administration...

Section 62-7-811. Enforcement and defense of claims. - A trustee shall take reasonable steps to enforce claims of...

Section 62-7-812. Exercise of powers by successor trustees; liability. - Unless directed otherwise by the court or by the trust...

Section 62-7-813. Duty to inform and report. - (a) Unless the terms of a trust expressly provide otherwise,...

Section 62-7-814. Discretionary powers; tax savings. - (a) Notwithstanding the breadth of discretion granted to a trustee...

Section 62-7-815. General powers of trustee. - (a) A trustee, without authorization by the court, may exercise:...

Section 62-7-816. Specific powers of trustee. - Without limiting the authority conferred by Section 62-7-815, a trustee...

Section 62-7-816A. Authority to appoint the property of original trust to second trust. - (a) Unless the terms of the instrument expressly provide otherwise,...

Section 62-7-817. Distribution upon termination. - (a) Upon termination or partial termination of a trust, the...

Section 62-7-818. Powers and discretions of a trust protector. - The powers and discretions of a trust protector are as...

Section 62-7-819. Powers of a trust investment advisor. - (a) Whenever a trust instrument provides that a trustee is...

Section 62-7-901. Short title. - This part may be cited as the South Carolina Uniform...

Section 62-7-902. Definitions. - As used in the South Carolina Uniform Principal and Income...

Section 62-7-903. Allocation of receipts and disbursements. - (A) In allocating receipts and disbursements to or between principal...

Section 62-7-904. Adjustments between principal and income. - (A) A trustee may adjust between principal and income to...

Section 62-7-904A. Judicial control of discretionary power. - (A) A court may not change a fiduciary's decision, or...

Section 62-7-904B. Definitions for Sections 62-7-904C through 62-7-904P. - The definitions in this section apply to Sections 62-7-904C through...

Section 62-7-904C. Trustee's power to convert an income trust to a total return unitrust, reconvert a total return unitrust to an income trust, or change the percentage used to calculate the unitrust amount. - (A) A trustee, other than an interested trustee, or, where...

Section 62-7-904D. Petition by trustee or qualified beneficiary to convert an income trust, reconvert a total return unitrust, or change the percentage used to calculate the unitrust amount. - (A) If a trustee desires to: (1) convert an income...

Section 62-7-904E. Fair market value of trust assets. - (A) The fair market value of the trust assets must...

Section 62-7-904F. Administration of a total return unitrust. - In administering a total return unitrust, the trustee may, in...

Section 62-7-904G. Distribution of unitrust amount considered distribution of income and not of principal. - Conversion to a total return unitrust under Sections 62-7-904B through...

Section 62-7-904H. Limitation of liability. - No trustee or disinterested person who in good faith takes...

Section 62-7-904I. Applicability of Sections 62-7-904B through 62-7-904P. - Sections 62-7-904B through 62-7-904P apply to all trusts in existence...

Section 62-7-904M. Unitrust amount to be distributed by the express total return unitrust. - (A) The unitrust amount to be distributed by the express...

Section 62-7-904N. Distribution from an express total return unitrust. - The distribution from an express total return unitrust of a...

Section 62-7-904O. Express total return unitrust governing instrument; changing the unitrust percentage; converting from a unitrust to an income trust; reconversion of an income trust to a unitrust. - (A) The terms of an express total return unitrust governing...

Section 62-7-904P. Trustee considerations for unitrust amount paid. - Unless the terms of the express total return unitrust governing...

Section 62-7-905. Determinations of income and principal; distributions upon death or end of an income interest in a trust. - After a decedent dies, in the case of an estate,...

Section 62-7-906. Determination and distribution of net income. - (A) Each beneficiary described in Section 62-7-905(4) is entitled to...

Section 62-7-907. Beginning and end of income interests. - (A) An income beneficiary is entitled to net income from...

Section 62-7-908. Allocation of income receipts and disbursements. - (A) A trustee shall allocate an income receipt or disbursement,...

Section 62-7-909. Undistributed income. - (A) In this section, "undistributed income" means net income received...

Section 62-7-910. Allocation of receipts from an entity to principal or income. - (A) In this section, "entity" means a corporation, partnership, limited...

Section 62-7-911. Allocations of income and principal received from a trust or an estate. - A trustee shall allocate to income an amount received as...

Section 62-7-912. Separate accounting for a business activity. - (A) If a trustee who conducts a business or other...

Section 62-7-913. Allocations to principal. - A trustee shall allocate to principal: (1) to the extent...

Section 62-7-914. Accounting for receipts from rental property. - To the extent that a trustee accounts for receipts from...

Section 62-7-915. Allocation of interest as income and proceeds from disposition of an obligation as principal; exceptions. - (A) An amount received as interest, whether determined at a...

Section 62-7-916. Allocation of proceeds of insurance contracts; exception. - (A) Except as otherwise provided in subsection (B), a trustee...

Section 62-7-917. Insubstantial allocations. - If a trustee determines that an allocation between principal and...

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South Carolina Code of Laws Title 62 - South Carolina Probate Code

South Carolina Code of Laws
Title 62 - South Carolina Probate Code