South Carolina § 15-9-440 - Service on trustees of inter vivos trusts.
Full text of South Carolina South Carolina Code of Laws § 15-9-440 — Service on trustees of inter vivos trusts., with citation guidance and answers to common questions.
§ 15-9-440. Service on trustees of inter vivos trusts.
(1) Service on resident trustee constitutes service on all other trustees. —Service upon one resident trustee of an inter vivos trust shall constitute service on all other trustees, resident and nonresident, of the same trust, for the purpose of adjudicating any action or proceeding in a court of this State involving, directly or indirectly, such trust.
(2) Trustee served to notify other trustees. —The resident trustee, so served, shall within five days, give prompt notice to such nonresident trustee and other resident trustee of the action. The failure of notification to the other trustees shall in no way impair the action.
(3) Service on nonresident trustee when there is no resident trustee. —When there is no resident trustee, the nonresident trustee of an inter vivos trust shall be deemed to have consented to the service of any summons, notice or other legal process in connection with any proceeding in the courts of this State involving such trust, directly or indirectly, when served upon the Secretary of State, when the trust was created under the laws of this State or, in the case of a foreign trust, when part of the trust property is situated in this State.
(4) Time allowed for answer. —The time within which to answer under the provisions of this section shall be the same as that provided for by law for substituted service.
(5) Penalties. —Any trustee responsible for notifying another trustee, who fails to comply with the provisions of this section, shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than one hundred dollars or imprisoned for not more than thirty days.
HISTORY: 1962 Code SECTION 10-432.2; 1962 (52) 1955.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 15-9-440
What does South Carolina Code of Laws § 15-9-440 cover?
Section 15-9-440 ("Service on trustees of inter vivos trusts.") 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 § 15-9-440?
A common citation format is "South Carolina Code of Laws § 15-9-440" (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 § 15-9-440 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.