South Carolina General Assembly
109th Session, 1991-1992

Bill 3477


                    Current Status

Introducing Body:               House
Bill Number:                    3477
Ratification Number:            214
Act Number:                     143
Primary Sponsor:                Barber
Type of Legislation:            GB
Subject:                        Probate Court, filing of
                                documents
Date Bill Passed both Bodies:   Jun 05, 1991
Computer Document Number:       436/11094.DW
Governor's Action:              S
Date of Governor's Action:      Jun 12, 1991
Introduced Date:                Feb 12, 1991
Last History Body:              ------
Last History Date:              Jun 12, 1991
Last History Type:              Act No. 143
Scope of Legislation:           Statewide
All Sponsors:                   Barber
                                Wilkins
                                J. Williams
                                G.
                                Bailey
                                Rama
                                Cole
                                L. Elliott
                                Chamblee
                                Kempe
                                A. Young
                                Klapman
                                Smith
                                Beatty
                                Haskins
                                Cato
                                Vaughn
                                Sturkie
                                Holt
                                J.W.
                                Johnson
                                J. Brown
                                Scott
                                Huff
                                Lanford
                                Koon
                                Wilkes
                                Wright
                                Burch
                                Corning
                                Gregory
                                J.C.
                                Johnson
                                Waites
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3477  ------  Jun 12, 1991  Act No. 143
 3477  ------  Jun 12, 1991  Signed by Governor
 3477  ------  Jun 06, 1991  Ratified R 214
 3477  Senate  Jun 05, 1991  Read third time, enrolled for
                             ratification
 3477  Senate  May 23, 1991  Read second time
 3477  Senate  May 22, 1991  Committee Report: Favorable     11
 3477  Senate  Apr 29, 1991  Introduced, read first time,    11
                             referred to Committee
 3477  House   Apr 26, 1991  Read third time, sent to
                             Senate
 3477  House   Apr 25, 1991  Unanimous consent for third
                             reading on next Legislative
                             day
 3477  House   Apr 25, 1991  Read second time
 3477  House   Apr 17, 1991  Committee Report: Favorable     25
 3477  House   Feb 12, 1991  Introduced, read first time,    25
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A143, R214, H3477)

AN ACT TO AMEND SECTION 62-3-1001, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING IN PROBATE COURT OF CERTAIN DOCUMENTS BY A PERSONAL REPRESENTATIVE, SO AS TO EXTEND FROM THIRTY TO NINETY DAYS THE PERIOD THE DOCUMENTS MUST BE FILED AFTER THE REPRESENTATIVE RECEIVES A STATE OR FEDERAL ESTATE TAX CLOSING LETTER.

Be it enacted by the General Assembly of the State of South Carolina:

Filing period

SECTION 1. Section 62-3-1001(a) of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:

"(a) Within one year after the date of the first publication of notice to creditors (or if a state or federal estate tax return was filed, within ninety days after the receipt of a state or federal estate tax closing letter, whichever is later), a personal representative must file with the court:

(1) a full account in writing of his administration;

(2) a proposal for distribution;

(3) a petition for settlement of the estate, which may request the court to determine testacy if not previously determined, to consider the final account or approve an accounting and distribution, to construe any will or determine heirs, and adjudicate the final settlement and distribution of the estate; and

(4) proof that a notice of right to demand hearing and copies of the account, the proposal for distribution, and the petition for settlement of the estate have been sent to all interested persons including all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 12th day of June, 1991.