South Carolina § 15-5-120 - Actions against executors or administrators when one or more is out of State.
Full text of South Carolina South Carolina Code of Laws § 15-5-120 — Actions against executors or administrators when one or more is out of State., with citation guidance and answers to common questions.
§ 15-5-120. Actions against executors or administrators when one or more is out of State.
In cases in which there are two or more executors or administrators to any estate and any one or more of them has withdrawn or shall withdraw or shall reside out of the State, any creditor or person having a right or cause of action against such estate may commence his action against all the executors or administrators, naming and setting forth therein the executor or administrator, one or more, who is out of the State. In such case if the summons be served in the usual form upon those who are within the State the suit shall be deemed to be good and effectual in law to all intents and purposes, saving only that the judgment in such cases shall not extend to work any devastavit upon the person so absent or to affect him in his private right.
HISTORY: 1962 Code SECTION 10-211; 1952 Code SECTION 10-211; 1942 Code SECTION 417; 1932 Code SECTION 417; Civ. P. '22 SECTION 373; Civ. C. '12 SECTION 3961; Civ. C. '02 SECTION 2857; G.S. 2189; R.S. 2321; 1793 (7) 282.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 15-5-120
What does South Carolina Code of Laws § 15-5-120 cover?
Section 15-5-120 ("Actions against executors or administrators when one or more is out of State.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 15-5-120?
A common citation format is "South Carolina Code of Laws § 15-5-120" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 15-5-120 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.