Title 62, South Carolina Probate Code

At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock, or chose in actio…

Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property or of the instrument evidencing a debt, obligation, stock, or chose in action to the same extent as if payment or d…

Payment or delivery under Section 62-4-201 may not be made if a resident creditor of the nonresident decedent has given written notice to the debtor of the nonresident decedent or the person having possession of the personal property or of the instrument evidencing a debt, obliga…

If no local administration or application or petition therefor is pending in this State, a domiciliary foreign personal representative may file with a court in this State in a county in which property belonging to the decedent is located, authenticated copies of his appointment a…

A domiciliary foreign personal representative who has complied with Section 62-4-204 may exercise as to assets (including real and personal property) in this State all powers of a local personal representative and may maintain actions and proceedings in this State subject to any …

The power of a domiciliary foreign personal representative under Section 62-4-201 or 62-4-205 shall be exercised only if there is no administration or application therefor pending in this State. An application or petition for local administration of the estate terminates the powe…

In respect to a nonresident decedent, the provisions of Article 3 [Sections 62-3-101 et seq.] govern (1) proceedings, if any, in a court of this State for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other ord…

A foreign personal representative submits personally to the jurisdiction of the courts of this State in any proceeding relating to the estate by (1) filing authenticated copies of his appointment as provided in Section 62-4-204, (2) receiving payment of money or taking delivery o…

In addition to jurisdiction conferred by Section 62-4-301, a foreign personal representative is subject to the jurisdiction of the courts of this State to the same extent that his decedent was subject to jurisdiction immediately prior to death.

(a) Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first class mail is sufficient if register…

An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication; provided, however, that notice and the opportunity to defend must be given t…

Unless otherwise apparent from the context, in this article: (1) "Adult" means an individual who has attained the age of eighteen or who, if under eighteen, is married or has been emancipated by a court of competent jurisdiction. (2) "Alleged incapacitated individual" means: (a) …

When both guardianship proceedings and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.

(A) A person under a duty to pay or deliver money or personal property to a minor or incapacitated individual may perform this duty in amounts not exceeding a net aggregate amount of fifteen thousand dollars each year by paying or delivering the money or property to the conservat…

If a patient of a state mental health facility has no legally appointed conservator, the Office Director of the Office of Mental Health or his designee, may receive and accept, for the use and benefit of the patient, assets which may be due the patient by inheritance, gift, pensi…

(A) In a formal proceeding, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the assets of a ward or protected person who is the subject of a formal proceeding. (B) …

(A) Once a guardian ad litem is appointed by the court, pursuant to Section 62-5-303B or Section 62-5-403B, the responsibilities and duties of the guardian ad litem include, but are not limited to: (1) acting in the best interest of the alleged incapacitated individual; (2) condu…

Unless an order of the court specifies otherwise, a finding of incapacity is not a determination that the protected person or ward lacks testamentary capacity or the capacity to create, amend, or revoke a revocable trust.

(A) The process for emergency orders without notice is as follows: (1) Emergency orders without notice must not be issued unless the moving party files a summons, verified petition, notice of and motion for emergency relief and hearing with any available supporting affidavit(s), …

Exclusive jurisdiction of the court is set forth in Sections 62-1-302 and 62-5-701 as to appointment of a guardian or issuance of a protective order. Pursuant to the court's authority to appoint a guardian, and Section 62-5-309, the guardian has the authority to maintain custody …

(A) The parent of an alleged incapacitated individual may by will nominate a guardian for an alleged incapacitated individual. A testamentary nomination by a parent gives the nominee priority pursuant to Section 62-5-308 in any proceeding to determine incapacity and appoint a gua…

Venue for guardianship proceedings is in the place where the alleged incapacitated individual or ward resides or is present. If the alleged incapacitated individual or ward is committed to an institution pursuant to an order of a court of competent jurisdiction, venue also is in …

(A) A person seeking a finding of incapacity, appointment of a guardian, or both, shall file a summons and petition. When more than one petition is pending in the same court, the proceedings may be consolidated. (B) The petition shall set forth, to the extent known or reasonably …

(A) As soon as reasonably possible after the filing of the summons and petition, the petitioner shall serve: (1) a copy of the summons, petition, and a notice of right to counsel upon the alleged incapacitated individual and any other documents required if filing an emergency or …

(A) Upon receipt by the court of proof of service of the summons, petition, and notice of right to counsel upon the alleged incapacitated individual, the court shall: (1) upon the expiration of fifteen days from filing the proof of service on the alleged incapacitated individual,…

(A) As soon as the interests of justice may allow, but after the time for filing a response to the petition has elapsed as to all parties, the court shall hold a hearing on the merits of the petition, unless the provisions in subsection (C) apply. The alleged incapacitated indivi…

(A) Each examiner shall complete a notarized report setting forth an evaluation of the condition of the alleged incapacitated individual. The original report must be filed with the court by the court's deadline, but not less than forty-eight hours prior to any hearing in which th…

(A) The court shall exercise its authority to encourage maximum self-reliance and independence of the incapacitated individual and issue orders only to the extent necessitated by the incapacity of the individual. (B) The court may appoint a guardian if clear and convincing eviden…

(A) The court shall set forth the rights and powers removed from the ward. To the extent rights are not removed, they are retained by the ward. Such rights and powers include the rights and powers to: (1) marry or divorce; (2) reside in a place of the ward's choosing, and consent…

By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding must be given or waived pursuant to Sections 62-1-401 and 62-1-402.

(A) Upon the death of the ward, the guardian shall notify the court and file a death certificate confirming the ward's death. The court may then issue an order terminating the guardianship and the appointment of the guardian. (B) If there is no conservatorship for the ward, the g…

(A) The ward or another person interested in his welfare, may make an informal request for relief by submitting a written request to the court. The court may take such action as it considers in its sole discretion to be reasonable and appropriate including, but not limited to, li…

(A) Upon filing of a summons and petition with the appointing court, the ward or any person interested in his welfare may, for good cause, request an order to: (1) prove by a preponderance of the evidence that the ward is no longer incapacitated. The petition may request a court …

(A) In appointing a guardian, the court shall consider persons who are otherwise qualified in the following order of priority: (1) a person previously appointed guardian, other than a temporary or emergency guardian, currently acting for the ward in this State or elsewhere; (2) a…

(A) Subject to the rights and powers retained by the ward and except as modified by order of the court, the guardian has the following duties, rights, and powers: (1) to the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to …

(A) The court that appointed the guardian shall maintain jurisdiction over the guardianship until such time as: (1) the proceeding is terminated following the death of the ward; (2) the proceeding is terminated pursuant to a readjudication of incapacity; (3) the court transfers t…

Subject to the provisions of Section 62-5-701, et seq., venue for proceedings under this part is: (1) in the county where the alleged incapacitated individual or minor child resides; or (2) if the alleged incapacitated individual or minor child does not reside in this State, in a…

(A) The appointment of a conservator or issuance of a protective order may be made in relation to the estate and affairs of a minor if: (1) a minor owns real or personal property that requires management or protection; (2) a minor has or may have business affairs that may be adve…

(A) A person seeking a finding of incapacity, appointment of a conservator, or issuance of a protective order must file a summons and petition if: (1) the individual is unable to manage his property or affairs effectively for reasons of incapacity, confinement, detention by a for…

(A) As soon as reasonably possible after the filing of the summons and petition, the petitioner shall serve: (1) a copy of the summons, petition, and a notice of right to counsel upon the alleged incapacitated individual; (2) a copy of the summons and petition upon all coresponde…

(A) Except in cases governed by Section 62-5-431 relating to veterans benefits, upon receipt by the court of proof of service of the summons, petition, and notice of right to counsel upon the alleged incapacitated individual, the court shall: (1) upon the expiration of fifteen da…

(A) As soon as the interests of justice may allow, but after the time for filing a response to the petition has elapsed as to all parties, the court shall hold a hearing on the merits of the petition, unless the provisions in subsection (C) apply. The alleged incapacitated indivi…

(A) Each examiner shall complete a notarized report setting forth an evaluation of the condition of the alleged incapacitated individual. The original report must be filed with the court by the court's deadline, but not less than forty-eight hours prior to any hearing in which th…

(A) Upon a finding by clear and convincing evidence that a basis for an appointment or protective order exists with respect to a minor, the court has all those powers over the estate and affairs of the minor that are necessary for the best interests of the minor and members of hi…

(A) When it is established in a formal proceeding that a basis exists for affecting a protective arrangement that concerns the property and affairs of a minor or an incapacitated individual, the court may: (1) without appointing a conservator, authorize, direct, or ratify any pro…

(A) The court shall exercise its authority to encourage maximum self-reliance and independence of the protected person and issue orders only to the extent necessitated by the protected person's mental and adaptive limitations. (B) The court shall set forth the rights and powers r…