South Carolina § 62-3-802 - Statutes of limitations.
Full text of South Carolina South Carolina Code of Laws § 62-3-802 — Statutes of limitations., with citation guidance and answers to common questions.
§ 62-3-802. Statutes of limitations.
(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 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.
HISTORY: 1986 Act No. 539, SECTION 1; 1987 Act No. 171, SECTION 32; 1990 Act No. 521, SECTION 52; 2013 Act No. 100, SECTION 1, eff January 1, 2014.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 62-3-802
What does South Carolina Code of Laws § 62-3-802 cover?
Section 62-3-802 ("Statutes of limitations.") 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 § 62-3-802?
A common citation format is "South Carolina Code of Laws § 62-3-802" (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 § 62-3-802 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.