South Carolina Code 62-3-806. Allowance of claims
(b) The personal representative of a decedent’s estate may commence a proceeding to obtain probate court approval of the allowance, in whole or part, of any claim or claims presented in the manner described in § 62-3-804(1), within the time limit prescribed in § 62-3-803, and not barred by subsection (a). The proceeding may be commenced by the filing of a summons and petition with the probate court, and service of the same upon the claimant or claimants whose claims are in issue; and such other interested parties as the probate court may direct by order entered at the time the proceeding is commenced. Notice of hearing on the petition shall be given to interested parties in accordance with § 62-1-401.
Terms Used In South Carolina Code 62-3-806
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Decedent: A deceased person.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probate: Proving a will
- Summons: Another word for subpoena used by the criminal justice system.
(c) A judgment in a proceeding in another court against a personal representative to enforce a claim against a decedent’s estate is an allowance of the claim. Upon obtaining such a judgment a claimant must file a certified copy of its judgment with the probate court in which the decedent’s estate is being administered.
(d) Unless otherwise provided in any judgment in another court entered against the personal representative and except for claims under 62-3-803, allowed claims bear interest at the legal rate (as determined according to § 34-31-20(A)) for the period commencing upon the later of fourteen months after the date of the decedent’s death or the last date upon which the claim could have been properly presented under § 62-3-803, unless based on a contract making a provision for interest, in which case the claim bears interest in accordance with the terms of the contract.
(e) Allowance of a claim is evidence the personal representative accepts the claim as a valid debt of the decedent’s estate. Allowance of a claim may not be construed to imply the estate will have sufficient assets with which to pay the claim.