South Carolina Code — 62
Browse 544 sections in division 62 of the South Carolina code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 62-1-100. Effective date.
- § 62-1-101. Short title.
- § 62-1-102. Purposes; rules of construction.
- § 62-1-103. Supplementary general principles of law applicable.
- § 62-1-104. Severability.
- § 62-1-105. Construction against implied repeal.
- § 62-1-106. Effect of fraud and evasion.
- § 62-1-107. Evidence as to death or status.
- § 62-1-108. Acts by holder of general power.
- § 62-1-109. Duties and obligations of lawyer and person serving as a fiduciary.
- § 62-1-110. Fiduciary and lawyer, privileged communication.
- § 62-1-111. Authority to award costs and expenses.
- § 62-1-112. Inherent power of court.
- § 62-1-201. General definitions.
- § 62-1-301. Territorial application.
- § 62-1-302. Subject matter jurisdiction; concurrent jurisdiction with family court.
- § 62-1-303. Venue; multiple proceedings; transfer.
- § 62-1-304. South Carolina Rules of Civil Procedure govern formal proceedings.
- § 62-1-305. Records and certified copies.
- § 62-1-306. Jury trials.
- § 62-1-307. Probate judge; powers.
- § 62-1-308. Appeals.
- § 62-1-309. Election and term of judges.
- § 62-1-401. Notice; method and time of giving.
- § 62-1-402. Notice; waiver.
- § 62-1-403. Pleadings; when parties bound by others; notice.
- § 62-1-500. Short title.
- § 62-1-501. Definitions.
- § 62-1-502. Requirement of survival by 120 hours; individuals, two or more beneficiaries, class members.
- § 62-1-503. Requirement of survival by 120 hours under governing instruments.
- § 62-1-504. Co-owners with right of survivorship; requirement of survival by 120 hours.
- § 62-1-505. Right or benefit that depends on surviving the death of a decedent's killer.
- § 62-1-506. Exceptions.
- § 62-1-507. Evidence of death or status.
- § 62-1-508. Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient.
- § 62-1-509. Construction.
- § 62-2-101. Intestate estate.
- § 62-2-102. Share of the spouse.
- § 62-2-103. Share of heirs other than surviving spouse.
- § 62-2-104. Requirement that individual survive decedent for one hundred twenty hours.
- § 62-2-105. No taker.
- § 62-2-106. Representation; disclaimer by intestate beneficiary.
- § 62-2-107. Kindred of half blood.
- § 62-2-108. Afterborn heirs.
- § 62-2-109. Meaning of child and related terms.
- § 62-2-110. Advancements.
- § 62-2-111. Debts to decedent.
- § 62-2-112. Alienage.
- § 62-2-113. Persons related to decedent through two lines.
- § 62-2-114. Limitation on parent's entitlement as intestate heirs to estate proceeds; failure to provide support for decedent during minority.
- § 62-2-201. Right of elective share.
- § 62-2-202. Probate estate.
- § 62-2-203. Exercise of right of election by surviving spouse.
- § 62-2-204. Voluntary waiver of surviving spouse's right to elective share, homestead allowance, and exempt property; property settlement in anticipation of divorce.
- § 62-2-205. Proceedings for elective share; time limit.
- § 62-2-206. Effect of election on benefits by will or statute.
- § 62-2-207. Charging spouse with gifts received; liability of others for balance of elective share.
- § 62-2-301. Omitted spouse.
- § 62-2-302. Pretermitted children.
- § 62-2-401. Exempt property.
- § 62-2-402. Source, determination, and documentation.
- § 62-2-403. Federal veteran payments shall be exempt from creditors' claims.
- § 62-2-501. Who may make a will.
- § 62-2-502. Execution.
- § 62-2-503. Attestation and self-proving.
- § 62-2-504. Subscribing witnesses not incompetent because of interest; effect on gifts to them.
- § 62-2-506. Revocation by writing or by act.
- § 62-2-507. Revocation by divorce, annulment, and order terminating marital property rights; no revocation by other changes of circumstances.
- § 62-2-508. Revival of revoked will.
- § 62-2-509. Incorporation by reference.
- § 62-2-510. Additions to trusts.
- § 62-2-511. Events of independent significance.
- § 62-2-512. Separate writing identifying bequest of tangible property.
- § 62-2-601. Rules of construction and intention; reformation of will.
- § 62-2-602. Construction that will passes all property; after-acquired property.
- § 62-2-603. Anti-lapse; deceased devisee; class gifts.
- § 62-2-604. Failure of testamentary provision.
- § 62-2-605. Change in securities; accessions; nonademption.
- § 62-2-606. Nonademption of specific devises in certain cases; unpaid proceeds of sale, condemnation, or insurance; sale by conservator.
- § 62-2-607. Nonexoneration.
- § 62-2-608. Exercise of power of appointment.
- § 62-2-609. Construction of generic terms to accord with relationships as defined for intestate succession.
- § 62-2-610. Ademption by satisfaction.
- § 62-2-611. Construction that devise passes fee simple.
- § 62-2-612. Proceeding to determine decedent's intent regarding application of certain federal tax formulas.
- § 62-2-701. Contracts concerning succession.
- § 62-2-801. Disclaimer.
- § 62-2-802. Effect of divorce, annulment, decree of separate maintenance, or order terminating marital property rights.
- § 62-2-803. Effect of homicide on intestate succession, wills, joint assets, life insurance, and beneficiary designations.
- § 62-2-804. Effect of provision for survivorship on succession to joint tenancy.
- § 62-2-805. Presumption of ownership of tangible personal property; exceptions.
- § 62-2-806. Modification to achieve testator's tax objectives.
- § 62-2-901. Delivery of will to judge of probate; filing.
- § 62-2-1010. Definitions.
- § 62-2-1015. Application of part.
- § 62-2-1020. User direction for disclosure of digital assets.
- § 62-2-1025. Terms-of-service agreement.
- § 62-2-1030. Procedure for disclosing digital assets.
- § 62-2-1035. Disclosure of content of electronic communications of deceased user.
- § 62-2-1040. Disclosure of other digital assets of deceased user.
- § 62-2-1045. Disclosure of content of electronic communications of principal.
- § 62-2-1050. Disclosure of other digital assets of principal.
- § 62-2-1055. Disclosure of digital assets held in trust when trustee is original user.
- § 62-2-1060. Disclosure of contents of electronic communications held in trust when trustee not original user.
- § 62-2-1065. Disclosure of other digital assets held in trust when trustee not original user.
- § 62-2-1070. Disclosure of digital assets to conservator of protected person.
- § 62-2-1075. Fiduciary duty and authority.
- § 62-2-1080. Custodian compliance and immunity.
- § 62-2-1085. Uniformity of application and construction.
- § 62-2-1090. Electronic Signatures in Global and National Commerce Act.
- § 62-3-101. Devolution of estate at death; restrictions.
- § 62-3-102. Necessity of order of probate for will.
- § 62-3-103. Necessity of appointment for administration.
- § 62-3-104. Claims against decedent; necessity of administration.
- § 62-3-105. Proceedings affecting devolution and administration; jurisdiction of subject matter.
- § 62-3-106. Proceedings within the jurisdiction of court; service; jurisdiction over persons.
- § 62-3-107. Scope of proceedings; proceedings independent; exception.
- § 62-3-108. Probate, testacy, and appointment proceedings; ultimate time limit.
- § 62-3-109. Statute of limitations on decedent's cause of action.
- § 62-3-201. Venue for first and subsequent estate proceedings; location of property.
- § 62-3-202. Appointment or testacy proceedings; conflicting claim of domicile in another state.
- § 62-3-203. Priority among persons seeking appointment as personal representative.
- § 62-3-204. Demand for notice of order or filing concerning decedent's estate.
- § 62-3-301. Applications for informal probate or appointment; contents.
- § 62-3-302. Informal probate; duty of court; effect of informal probate.
- § 62-3-303. Informal probate; proof and findings required.
- § 62-3-304. Informal probate unavailable in certain cases.
- § 62-3-305. Informal probate; court not satisfied.
- § 62-3-306. Notice requirements.
- § 62-3-307. Informal appointment proceedings; delay in order; duty of court; effect of appointment.
- § 62-3-308. Informal appointment proceedings; proof and findings required.
- § 62-3-309. Informal appointment proceedings; court not satisfied.
- § 62-3-310. Informal appointment proceedings; notice requirements.
- § 62-3-311. Informal appointment unavailable in certain cases.
- § 62-3-401. Formal testacy proceedings; nature; when commenced.
- § 62-3-402. Formal testacy or appointment proceedings; petition; contents.
- § 62-3-403. Notice of hearing on petition.
- § 62-3-404. Written objections to probate.
- § 62-3-405. Uncontested cases; hearings and proof.
- § 62-3-406. Testimony of attesting witnesses.
- § 62-3-407. Burdens in contested cases.
- § 62-3-408. Effect of final order in another jurisdiction.
- § 62-3-409. Order; foreign will.
- § 62-3-410. Probate of more than one instrument.
- § 62-3-411. Partial intestacy.
- § 62-3-412. Effect of order; vacation.
- § 62-3-413. Vacation of order for other cause.
- § 62-3-414. Formal proceedings concerning appointment of personal representative.
- § 62-3-501. Nature of proceeding.
- § 62-3-502. Petition; order.
- § 62-3-503. Effect on other proceedings.
- § 62-3-504. Powers of personal representative.
- § 62-3-505. Interim orders; distribution and closing orders.
- § 62-3-601. Qualification.
- § 62-3-602. Acceptance of appointment; consent to jurisdiction.
- § 62-3-603. Bond not required without court order; exceptions; waiver of bond requirement.
- § 62-3-604. Bond amount; security; procedure; reduction.
- § 62-3-605. Demand for bond by interested person.
- § 62-3-606. Terms and conditions of bonds.
- § 62-3-607. Order restraining personal representative.
- § 62-3-608. Termination of appointment.
- § 62-3-609. Death or disability terminates appointment.
- § 62-3-610. Order closing estate terminates appointment.
- § 62-3-611. Petition for removal; cause; procedure.
- § 62-3-612. Change of testacy status.
- § 62-3-613. Successor personal representative.
- § 62-3-614. Special administrator; appointment.
- § 62-3-615. Special administrator; who may be appointed.
- § 62-3-616. Special administrator; appointed informally; powers and duties.
- § 62-3-617. Special administrator; formal proceedings; powers and duties.
- § 62-3-618. Termination of appointment; special administrator.
- § 62-3-619. "Executor de son tort" defined.
- § 62-3-620. Order for executor de son tort to account for deceased's property; decree for damages.
- § 62-3-621. Rights under Section 62-3-620 survive death of executor de son tort.
- § 62-3-701. Time of accrual of duties and powers.
- § 62-3-702. Priority among different letters.
- § 62-3-703. General duties; relation and liability to persons interested in estate; standing to sue.
- § 62-3-704. Personal representative to proceed with court sanction.
- § 62-3-705. Duty of personal representative; information to heirs and devisees.
- § 62-3-706. Duty of personal representative; inventory and appraisement.
- § 62-3-707. Employment of appraisers.
- § 62-3-708. Duty of personal representative; supplementary inventory.
- § 62-3-709. Duty of personal representative; possession of estate.
- § 62-3-710. Power to avoid transfers.
- § 62-3-711. Powers of personal representatives; in general.
- § 62-3-712. Improper exercise of power; breach of fiduciary duty.
- § 62-3-713. Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.
- § 62-3-714. Persons dealing with personal representative; protection.
- § 62-3-715. Transactions authorized for personal representatives; exceptions.
- § 62-3-716. Powers and duties of successor personal representative.
- § 62-3-717. Corepresentatives; when joint action required.
- § 62-3-718. Powers of surviving personal representative.
- § 62-3-719. Compensation of personal representative.
- § 62-3-720. Expenses in estate litigation.
- § 62-3-721. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
- § 62-3-801. Notice to creditors.
- § 62-3-802. Statutes of limitations.
- § 62-3-803. Limitations on presentation of claims.
- § 62-3-804. Manner of presentation of claims.
- § 62-3-805. Classification of claims.
- § 62-3-806. Allowance of claims.
- § 62-3-807. Payment of claims.
- § 62-3-808. Individual liability of personal representative.
- § 62-3-809. Secured claims.
- § 62-3-810. Claims not due; contingent or unliquidated claims.
- § 62-3-811. Counterclaims.
- § 62-3-812. Execution and levies prohibited.
- § 62-3-813. Compromise of claims.
- § 62-3-814. Encumbered assets.
- § 62-3-815. Administration in more than one state; duty of personal representative.
- § 62-3-816. Final distribution to domiciliary representative.
- § 62-3-901. Successors' rights if no administration.
- § 62-3-902. Distribution; order in which assets appropriated; abatement.
- § 62-3-903. Right of retainer.
- § 62-3-905. Penalty clause for contest.
- § 62-3-906. Distribution in kind; valuation; method.
- § 62-3-907. Distribution in kind; evidence.
- § 62-3-908. Distribution; right or title of distributee.
- § 62-3-909. Improper distribution; liability of distributee.
- § 62-3-910. Purchasers from distributees or personal representatives protected.
- § 62-3-911. Partition for purpose of distribution.
- § 62-3-912. Private agreements among successors to decedent binding on personal representative.
- § 62-3-913. Distributions to trustee.
- § 62-3-914. Disposition of unclaimed assets.
- § 62-3-915. Distribution to person under disability.
- § 62-3-916. Apportionment of estate taxes.
- § 62-3-1001. Required filings with court; petition for order compelling personal representative to perform duties; court orders.
- § 62-3-1002. Payment of taxes; certificate from Department of Revenue.
- § 62-3-1003. Payment of taxes; filing federal estate tax return.
- § 62-3-1004. Liability of distributees to claimants.
- § 62-3-1005. Rights of successors and creditors.
- § 62-3-1006. Limitations on actions and proceedings against distributees.
- § 62-3-1007. Certificate discharging liens securing fiduciary performance.
- § 62-3-1008. Subsequent administration.
- § 62-3-1101. Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons.
- § 62-3-1102. Procedure for securing court approval of compromise.
- § 62-3-1201. Collection of personal property by affidavit.
- § 62-3-1202. Effect of affidavit.
- § 62-3-1203. Small estates; summary administrative procedure.
- § 62-3-1204. Small estates; closing by sworn statement of personal representative.
- § 62-3-1301. Only procedure for sale of lands by court.
- § 62-3-1302. Sale of real estate.
- § 62-3-1303. Issuance of summons upon petition for sale.
- § 62-3-1304. Form of summons.
- § 62-3-1305. Service of summons and petition.
- § 62-3-1306. Execution of process by sheriff; fees.
- § 62-3-1307. Publication as to nonresidents and parties with unknown residences.
- § 62-3-1308. Filing notice of pendency of action.
- § 62-3-1309. Time for answer.
- § 62-3-1310. Bond for handling of proceeds by personal representative.
- § 62-3-1311. Filing of papers; requirement of returns.
- § 62-3-1312. Entry of releases of liens on property sold.
- § 62-4-101. Definitions.
- § 62-4-201. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.
- § 62-4-202. Payment or delivery discharges.
- § 62-4-203. Resident creditor notice.
- § 62-4-204. Proof of authority; bond.
- § 62-4-205. Powers.
- § 62-4-206. Power of representatives in transition.
- § 62-4-207. Ancillary and other local administrations; governing provision.
- § 62-4-301. Jurisdiction by act of foreign personal representative.
- § 62-4-302. Jurisdiction by act of decedent.
- § 62-4-303. Service on foreign personal representative.
- § 62-4-401. Effect of adjudication for or against personal representative.
- § 62-5-101. Definitions and use of terms.
- § 62-5-102. Consolidation of proceedings.
- § 62-5-103. Facility of payment or delivery.
- § 62-5-104. Director of Department of Mental Health or his designee may act as conservator.
- § 62-5-105. Costs and expenses; attorney's fees.
- § 62-5-106. Responsibilities and duties of guardian ad litem; reports.
- § 62-5-107. Finding of incapacity.
- § 62-5-108. Emergency orders, temporary orders, and hearings.
- § 62-5-201. Jurisdiction.
- § 62-5-301. Testamentary nomination of guardian for incapacitated individual.
- § 62-5-302. Venue.
- § 62-5-303. Procedure for court appointment of a guardian; summons and petition.
- § 62-5-304. Order of appointment; alternatives; limitations on guardian's powers.
- § 62-5-305. Acceptance of appointment; consent to jurisdiction.
- § 62-5-306. Termination of guardianship for incapacitated person; accounting of funds.
- § 62-5-307. Informal request for relief.
- § 62-5-308. Guardian; qualifications; priorities.
- § 62-5-309. Delegation of guardian's powers.
- § 62-5-310. Proceedings subsequent to appointment; venue.
- § 62-5-401. Venue.
- § 62-5-402. Protective proceedings; minors.
- § 62-5-403. Protective proceedings; incapacitated and disabled persons.
- § 62-5-404. Protective proceedings; limited conservatorship.
- § 62-5-405. Protective arrangements.
- § 62-5-406. Reserved.
- § 62-5-407. Order of appointment; rights and powers of protected person.
- § 62-5-408. Conservator; qualifications; priorities.
- § 62-5-409. Bond.
- § 62-5-410. Terms and requirements of bonds.
- § 62-5-411. Acceptance of appointment; consent to jurisdiction.
- § 62-5-412. Compensation and expenses.
- § 62-5-413. Informal request for relief.
- § 62-5-414. General duty of conservator; financial plan.
- § 62-5-415. Inventory and records.
- § 62-5-416. Reporting requirements.
- § 62-5-417. Conservators; title by appointment.