South Carolina § 62-3-801 - Notice to creditors.
Full text of South Carolina South Carolina Code of Laws § 62-3-801 — Notice to creditors., with citation guidance and answers to common questions.
§ 62-3-801. Notice to creditors.
(a) Unless notice has already been given under this section, a personal representative upon his appointment 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 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 one year of the decedent's death, or within sixty days from the mailing or other delivery of such notice, whichever is earlier, 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.
(d) Notwithstanding subsections (a) and (b), notice to creditors under this section is not required if a personal representative is not appointed to administer the decedent's estate during the one year period following the death of the decedent.
HISTORY: 1986 Act No. 539, SECTION 1; 1987 Act No. 171, SECTION 31; 1990 Act No. 521, SECTION 51; 2013 Act No. 100, SECTION 1, eff January 1, 2014.
Effect of Amendment
The 2013 amendment, in subsection (a), substituted "must publish" for "shall publish"; in subsection (b), substituted "within one year of the decedent's death" for "within eight months from of the published notice as provided in (a) above,", and substituted "whichever is earlier" for "whichever is later"; and added subsection (d), relating to when notice is not required.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 62-3-801
What does South Carolina Code of Laws § 62-3-801 cover?
Section 62-3-801 ("Notice to creditors.") 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 § 62-3-801?
A common citation format is "South Carolina Code of Laws § 62-3-801" (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 § 62-3-801 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.