South Carolina General Assembly
114th Session, 2001-2002

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Bill 92


Indicates Matter Stricken
Indicates New Matter


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


Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

January 30, 2002

    S. 92

Introduced by Senators Wilson, Thomas, Reese, Rankin and Branton

S. Printed 1/30/02--H.

Read the first time March 27, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (S. 92) to amend Section 62-3-907, as amended, Code of Laws of South Carolina, 1976, relating to execution by the personal representative of a deed of distribution, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by deleting SECTIONS 2, 3, and 4 in their entirety.

    When amended, the bill shall read:

    / SECTION    1.    Section 62-3-907 of the 1976 Code, as last amended by Act 398 of 2000, is further amended to read:

    "Section 62-3-907.    (A)    If distribution in kind is made, whether real or personal property, the personal representative must execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.

    (B)    If the decedent dies intestate or devises real property to a distributee, the personal representative's execution of a deed of distribution of real property constitutes a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee and his purchasers or encumbrancers the protection provided in Sections 62-3-908 and 62-3-910.

    (C)    If the decedent devises real property to a personal representative, either in a specific or residuary devise, the personal representative's execution of a deed of distribution of the real property constitutes a transfer of the title to the real property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.

    (D)    The personal representative's execution of an instrument or deed of distribution of personal property constitutes a transfer of the title to the personal property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the personal property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a).

    (E) Prior to recording the deed of distribution:

        (1)        the deed of distribution must be examined by the probate judge to determine that the grantee or grantees named in the deed of distribution conform to the terms of the will or, in cases of intestacy, to the heirs at law as shown on Form 300PC. The seal of the probate court must be impressed upon the first page of the deed of distribution indicating that the examination has been completed; or

        (2)        the deed of distribution must be accompanied by an affidavit from a licensed attorney asserting that the grantee or grantees named in the deed of distribution conform to the terms of the will, or in cases of intestacy, to the heirs at law as shown on Form 300PC."

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

    Renumber sections to conform.

    Amend title to conform.

JAY LUCAS for Committee.

            

A BILL

TO AMEND SECTION 62-3-907, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION BY THE PERSONAL REPRESENTATIVE OF A DEED OF DISTRIBUTION IN CONNECTION WITH THE ESTATE OF A DECEASED, SO AS TO DELETE THE REQUIREMENT THAT THE DEED OF DISTRIBUTION BE EXAMINED BY THE PROBATE COURT BEFORE FILING OR ACCOMPANIED AT FILING BY AN AFFIDAVIT TO ATTEST TO ITS ACCURACY AND COMPLETENESS IN REGARD TO THE NAMED GRANTEE OR GRANTEES.

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

SECTION    1.    Section 62-3-907 of the 1976 Code, as last amended by Act 398 of 2000, is further amended to read:

    "Section 62-3-907.        (A)    If distribution in kind is made, whether real or personal property, the personal representative must execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.

    (B)    If the decedent dies intestate or devises real property to a distributee, the personal representative's execution of a deed of distribution of real property constitutes a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee and his purchasers or encumbrancers the protection provided in Sections 62-3-908 and 62-3-910.

    (C)    If the decedent devises real property to a personal representative, either in a specific or residuary devise, the personal representative's execution of a deed of distribution of the real property constitutes a transfer of the title to the real property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the real property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a). The deed of distribution affords the distributee, and his purchasers or encumbrancers, the protection provided in Sections 62-3-908 and 62-3-910.

    (D)    The personal representative's execution of an instrument or deed of distribution of personal property constitutes a transfer of the title to the personal property from the personal representative to the distributee, as well as a release of the personal representative's power over the title to the personal property, equivalent to that of an absolute owner, in trust, however, for the benefit of the creditors and others interested in the estate, provided by Section 62-3-711(a).

    (E) Prior to recording the deed of distribution:

        (1)        the deed of distribution must be examined by the probate judge to determine that the grantee or grantees named in the deed of distribution conform to the terms of the will or, in cases of intestacy, to the heirs at law as shown on Form 300PC. The seal of the probate court must be impressed upon the first page of the deed of distribution indicating that the examination has been completed; or

        (2)        the deed of distribution must be accompanied by an affidavit from a licensed attorney asserting that the grantee or grantees named in the deed of distribution conform to the terms of the will, or in cases of intestacy, to the heirs at law as shown on Form 300PC."

SECTION    2.     Section 62-3-801 of the 1976 Code is amended to read:

    "Section 62-3-801.    (a)    Unless notice has already been given under this section, a personal representative upon his appointment shall must publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing his appointment and address and notifying creditors of the estate to present their claims within eight four months after the date of the first publication of the notice or be forever barred.

    (b)    A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present his claim within eight four months from the published notice as provided in (a) above, or within sixty days from the mailing or other delivery of such the notice, whichever is later, or be forever barred. Written notice is the notice described in (a) above or a similar notice.

    (c)    The personal representative is not liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section."

SECTION    3.     Section 62-3-802 of the 1976 Code is amended to read:

    "Section 62-3-802.    (a)    Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid.

    (b)    The running of any statute of limitations measured from some other event than death or the giving of notice to creditors is suspended during the eight four months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow.

    (c)    For purposes of any statute of limitations, the proper presentation of a claim under Section 62-3-804 is equivalent to commencement of a proceeding on the claim."

SECTION    4.     Section 62-3-803 of the 1976 Code is amended to read:

    "Section 62-3-803.    (a)    All claims against a decedent's estate which arose before the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented within the earlier of the following dates:

        (1)    one year after the decedent's death; or

        (2)    within the time provided by Section 62-3-801(b) for creditors who are given actual notice, and within the time provided in Section 62-3-801(a) for all creditors barred by publication; provided however, claims barred by the nonclaim statute at the decedent's domicile before the giving of notice to creditors barred in this State are also barred in this State.

    (b)    All claims against a decedent's estate which arise at or after the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows:

        (1)    a claim based on a contract with the personal representative within eight four months after performance by the personal representative is due;

        (2)    any other claim, within the later of eight four months after it arises, or the time specified in subsection (a)(1).

    (c)    Nothing in this section affects or prevents:

        (1)    any proceeding to enforce any mortgage, pledge, lien, or other security interest upon property of the estate; or

        (2)    to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance; or

        (3)    collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate."

SECTION    5.    This act takes effect upon approval by the Governor.

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