§ 62-3-307 — Informal appointment proceedings; delay in order; duty of court; effect of appointment.

South Carolina § 62-3-307

• Jurisdiction: South Carolina
• Title 62: SOUTH CAROLINA PROBATE CODE
• Ch.: ARTICLE 3 - PROBATE OF WILLS AND ADMINISTRATION

Text

(a) Upon receipt of an application for informal appointment of a personal representative other than a special administrator as provided in Section 62-3-614, the court, after making the findings required by Section 62-3-308, shall appoint the applicant subject to qualification and acceptance; provided, that if the decedent was a nonresident, the court shall delay the order of appointment until thirty days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that his estate be subject to the laws of this State. (b) The status of a personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created thereby, is subject to termination as provided in Sections 62-3-608 through 62-3-612, but is not subject to retroactive vacation.

Legislative History

HISTORY: 1986 Act No. 539, SECTION 1; 1990 Act No. 521, SECTION 38; 2013 Act No. 100, SECTION 1, eff January 1, 2014.