New Developments in South Carolina Probate Law
Governor Sanford recently signed three bills making changes to the South Carolina Probate Code . Summaries of these bills, provided by JP Lee , are set out below. H3803(Signed by the Governor on June 7, 2010), full text here Colloquially known as the “Summons Bill” among South Carolina trust and estate practitioners, the new law makes certain procedural amendments to the South Carolina Probate Code, and clarifies that petitions required or authorized by the Probate Code now require a summons in addition to the actual petition. Previously many sections in the South Carolina Probate Code, such as the petition for allowance of a creditor’s claim at South Carolina Code §62-3-806, required only a “petition”, with no mention of a summons. This caused confusion among laypersons and practitioners, as some Probate Judges required the serving of a summons when a petition was filed, despite no express statutory requirement for same. The new law clarifies that effective June 7, 2010, peti