South Carolina § 62-3-102 - Necessity of order of probate for will.

Full text of South Carolina South Carolina Code of Laws § 62-3-102 — Necessity of order of probate for will., with citation guidance and answers to common questions.

§ 62-3-102. Necessity of order of probate for will.

Except as provided in Section 62-3-1201 and except as to a will that has been admitted to probate in another jurisdiction which is filed as provided in Article 4, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the court or an adjudication of probate by the court.

HISTORY: 1986 Act No. 539, SECTION 1; 2013 Act No. 100, SECTION 1, eff January 1, 2014.

Effect of Amendment

The 2013 amendment inserted "and except as to a will that has been admitted to probate in another jurisdiction which is filed as provided in Article 4", and substituted "nominate a personal representative" for "nominate an executor".

Source: official South Carolina text · Last verified 2026-08-27

Frequently Asked Questions About South Carolina § 62-3-102

What does South Carolina Code of Laws § 62-3-102 cover?

Section 62-3-102 ("Necessity of order of probate for will.") 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 § 62-3-102?

A common citation format is "South Carolina Code of Laws § 62-3-102" (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 § 62-3-102 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.