§ 62-3-801 — Notice to creditors.

South Carolina § 62-3-801

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

Text

(a) Unless notice has already been given under this section, a personal representative upon his appointment must publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing his appointment and address and notifying creditors of the estate to present their claims within eight months after the date of the first publication of the notice or be forever barred. (b) A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present his claim within one year of the decedent's death, or within sixty days from the mailing or other delivery of such notice, whichever is earlier, or be forever barred. Written notice is the notice described in (a) above or a similar notice. (c) The personal representative is not liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section. (d) Notwithstanding subsections (a) and (b), notice to creditors under this section is not required if a personal representative is not appointed to administer the decedent's estate during the one year period following the death of the decedent.

Legislative History

HISTORY: 1986 Act No. 539, SECTION 1; 1987 Act No. 171, SECTION 31; 1990 Act No. 521, SECTION 51; 2013 Act No. 100, SECTION 1, eff January 1, 2014. Effect of Amendment The 2013 amendment, in subsection (a), substituted "must publish" for "shall publish"; in subsection (b), substituted "within one year of the decedent's death" for "within eight months from of the published notice as provided in (a) above,", and substituted "whichever is earlier" for "whichever is later"; and added subsection (d), relating to when notice is not required.