South Carolina Code 62-3-804. Manner of presentation of claims
(1)(a) The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, and must file a written statement of the claim, in the form prescribed by rule, with the probate court in which the decedent’s estate is under administration. The claim is considered presented upon the filing of the statement of claim with the court. If a claim is not yet due, the date when it will become due must be stated. If the claim is contingent or unliquidated, the nature of the uncertainty must be stated. If the claim is secured, the security must be described. Failure to describe fully the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation made.
Terms Used In South Carolina Code 62-3-804
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Decedent: A deceased person.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Summons: Another word for subpoena used by the criminal justice system.
(b) In addition to the requirements in subsection (1)(a), a creditor seeking appointment as personal representative pursuant to § 62-3-203(a)(6) must attach the written statement of the claim to the application or petition for appointment. For purposes of § 62-3-803, the claim is considered to be presented when the application or petition for appointment is filed with the written statement of the claim attached.
(2) Subject to subsection (5), once a claim is presented in accordance with subsection (1), a claimant may at any time thereafter commence a legal proceeding against the personal representative by the filing of a summons and petition for allowance of claim or complaint in any court where the personal representative may be subjected to jurisdiction, seeking payment of the claim by the decedent’s estate, and serving the same upon the personal representative. If the legal proceeding is not commenced in the probate court, the claimant must provide written notice to the probate court in which the decedent’s estate is under administration that a legal proceeding has commenced for allowance of the claim, setting forth the court in which the legal proceeding is pending. Thereafter, the probate court shall not authorize the closing of the decedent’s estate until the legal proceeding has ended.
(3) In lieu of the procedure provided in subsections (1) and (2), and subject to subsection (6), a claimant may commence a legal proceeding against the personal representative, by the filing of a summons and petition for allowance of claim or complaint in any court where the personal representative may be subjected to jurisdiction, seeking payment of his claim by the estate, and serving the same upon the personal representative. The commencement of the legal proceeding under this subsection must occur within the time limit for presenting the claim as set forth in § 62-3-803. If the legal proceeding is not commenced in the probate court, the claimant must file a written statement of the claim with the probate court in which the decedent’s estate is under administration providing substantially the same information as the statement in subsection (1), along with a statement that a legal proceeding to enforce the claim has commenced, and identifying the court where the proceeding is pending. Thereafter, the probate court shall not permit the closing of the decedent’s estate until the legal proceeding has ended.
(4) Notwithstanding any other provision of this section, no presentation of a claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of the decedent’s death.
(5) Notwithstanding any other provision of this section, no proceeding for enforcement or allowance of a claim or collection of a debt may be commenced more than thirty days after the personal representative has mailed a notice of disallowance or partial disallowance of the claim in accordance with the provisions of § 62-3-806. However, in the case of a claim which is not presently due or which is contingent or unliquidated, the personal representative may consent to an extension of the thirty day period, or to avoid injustice the court, on petition presented to the court prior to the expiration of the thirty-day period, may order an extension of the thirty-day period, but in no event shall the extension run beyond the applicable statute of limitations.
(6) Notwithstanding any other provision of this section, no claim against a decedent’s estate may be presented or legal action commenced against a decedent’s estate prior to the appointment of a personal representative to administer the decedent’s estate.
(7)(a) A legal proceeding pending on the date of a decedent’s death in which the decedent was a necessary party shall be suspended until a personal representative is appointed to administer the decedent’s estate, unless a court otherwise orders.
(b) Pursuant to § 62-3-104, this subsection does not apply to a proceeding by a secured creditor of a decedent to enforce the secured creditor’s right to its security. It does apply to a proceeding for a deficiency judgment against a decedent or the estate of a decedent.