South Carolina Statutes
§ 62-3-712 — Improper exercise of power; breach of fiduciary duty.
South Carolina § 62-3-712
JurisdictionSouth Carolina
Title 62SOUTH CAROLINA PROBATE CODE
Ch.ARTICLE 3 - PROBATE OF WILLS AND ADMINISTRATION
This text of South Carolina § 62-3-712 (Improper exercise of power; breach of fiduciary duty.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.C. Code Ann. § 62-3-712 (2026).
Text
If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in Sections 62-3-713 and 62-3-714.
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Related
Turpin v. Lowther
745 S.E.2d 397 (Court of Appeals of South Carolina, 2013)
Bennett v. Estate of James Kelly King
(Supreme Court of South Carolina, 2022)
Legislative History
HISTORY: 1986 Act No. 539, SECTION 1; 2013 Act No. 100, SECTION 1, eff January 1, 2014.
Nearby Sections
15
§ 62-1-100
Effective date.§ 62-1-101
Short title.§ 62-1-102
Purposes; rules of construction.§ 62-1-104
Severability.§ 62-1-105
Construction against implied repeal.§ 62-1-106
Effect of fraud and evasion.§ 62-1-107
Evidence as to death or status.§ 62-1-108
Acts by holder of general power.§ 62-1-111
Authority to award costs and expenses.§ 62-1-112
Inherent power of court.§ 62-1-201
General definitions.§ 62-1-301
Territorial application.Cite This Page — Counsel Stack
Bluebook (online)
South Carolina § 62-3-712, Counsel Stack Legal Research, https://law.counselstack.com/statute/sc/62-3-712.