Current Status BillNumber: 3038 Ratification Number: 188 Act Number: 108 Introducing Body: House Subject: Administration of small estatesView additional legislative information at the LPITS web site.
(A108, R188, H3038)
AN ACT TO AMEND SECTION 21-15-1650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF SMALL ESTATES, SO AS TO INCREASE FROM FIVE THOUSAND DOLLARS TO SEVEN THOUSAND FIVE HUNDRED DOLLARS THE MAXIMUM AMOUNTS WHICH MAY BE PAID TO DISTRIBUTEES OF SMALL ESTATES WITHOUT ADMINISTRATION; AND TO ALLOW INSTEAD OF TO REQUIRE THE PROBATE JUDGE TO RECEIVE THE ESTATE AND PAY CREDITORS, AND TO AMEND CHAPTER 21, TITLE 21, RELATING TO NATURAL AND PARENTALLY APPOINTED GUARDIANS, BY ADDING SECTION 21-21-15 SO AS TO PROVIDE FOR THE APPOINTMENT OF ANOTHER PERSON AS GUARDIAN OF THE ESTATE OF A MINOR CHILD OR MENTALLY INCOMPETENT PERSON WHERE A SURVIVING PARENT ACTING AS HIS GUARDIAN IS SHOWN TO BE SQUANDERING OR MISAPPROPRIATING THE ESTATE.
Be it enacted by the General Assembly of the State of South Carolina:
Administration of small estates
SECTION 1. Section 21-15-1650 of the 1976 Code, as last amended by Act 531 of 1976, is further amended to read:
"Section 21-15-1650. When any person within this State shall die intestate leaving an estate in personal property, money, or choses in action of the value of seven thousand five hundred dollars or less the probate judge may receive such estate and pay such creditors as may present their duly attested claims in the priority set forth in Section 21-15-660 and the residue, if any, to the distributee or distributees of such estate without the requirement of an administration. If any legal representative shall be under age, payment to the parent or other person with whom such child is a bona fide resident (this must be established to the satisfaction of the probate judge before he pays out such share) is a sufficient compliance with the provisions of this section."
Surviving parent acting as guardian
SECTION 2. Chapter 21, Title 21 of the 1976 Code is amended by adding:
"Section 21-21-15. Where one parent of a minor child or mentally incompetent person is deceased and the surviving parent is acting as his guardian, the probate court upon petition of any interested party and after hearing may appoint another person as guardian of the estate of the minor child or mentally incompetent person where it is shown at the hearing by a clear preponderance of the evidence that the parent is squandering or misappropriating the estate of the minor child or mentally incompetent person."
Time effective
SECTION 3. This act shall take effect upon approval by the Governor.
Approved the 10th day of June, 1983.