South Carolina § 62-7-604 - Limitation on action contesting validity of revocable trust; distribution of trust property.
Full text of South Carolina South Carolina Code of Laws § 62-7-604 — Limitation on action contesting validity of revocable trust; distribution of trust property., with citation guidance and answers to common questions.
§ 62-7-604. Limitation on action contesting validity of revocable trust; distribution of trust property.
(a) A person must commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of:
(1) one year after the settlor's death; or
(2) one hundred twenty days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.
(b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:
(1) the trustee knows of a pending judicial proceeding contesting the validity of the trust; or
(2) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within one hundred twenty days after the contestant sent the notification.
(c) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.
HISTORY: 2005 Act No. 66, SECTION 1; 2010 Act No. 244, SECTION 51, eff June 7, 2010; 2013 Act No. 100, SECTION 2, eff January 1, 2014.
Effect of Amendment
The 2010 amendment in subsections (a)(2) and (b)(2) substituted "one hundred twenty" for "60" preceding "days after the".
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 62-7-604
What does South Carolina Code of Laws § 62-7-604 cover?
Section 62-7-604 ("Limitation on action contesting validity of revocable trust; distribution of trust property.") 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 § 62-7-604?
A common citation format is "South Carolina Code of Laws § 62-7-604" (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 § 62-7-604 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.