South Carolina General Assembly
116th Session, 2005-2006

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Bill 925


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 62-3-911, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTITION OF UNDIVIDED INTERESTS IN AN ESTATE, SO AS TO GIVE ONE OR MORE OF THE HEIRS OR DEVISEES THE RIGHT OF FIRST REFUSAL TO PURCHASE THE SUBJECT PROPERTY BEFORE ITS JUDICIAL PARTITION.

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

SECTION    1.    Section 62-3-911 of the 1976 Code, as last amended by Act 521 of 1990, is further amended to read:

"Section 62-3-911.    When two or more heirs or devisees are entitled to distribution of undivided interests in any personal or real property of the estate, the personal representative or one or more of the heirs or devisees may petition the court prior to before the closing of the estate, to make partition. After notice to the interested heirs or devisees, the court shall partition the property in kind if it can be fairly and equitably partitioned in kind. If not subject to fair and equitable partition in kind, the court shall direct the personal representative to sell the property and distribute the proceeds; except that any one or more of the heirs or devisees may purchase the property for an amount considered by the court to be its fair market value after the notice of partition is given to the interested heirs or devisees but before the partition proceedings are underway."

SECTION    2.    This act takes effect upon approval by the Governor and applies to all estates filed for administration or probate on or after that date.

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