South Carolina Code 62-3-704. Personal representative to proceed with court sanction
(a) Immediately after his appointment he shall publish the notice to creditors required by § 62-3-801.
Terms Used In South Carolina Code 62-3-704
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Decedent: A deceased person.
- Probate: Proving a will
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trustee: A person or institution holding and administering property in trust.
(b) Within ninety days after his appointment he shall file with the court the inventory and appraisement required by § 62-3-706.
(c) Upon the expiration of the relevant period, as set forth in § 62-3-807, the personal representative shall proceed to allow or disallow claims and pay the claims allowed against the estate, as provided in § 62-3-807.
(d) Upon the expiration of the relevant period, as set forth in § 62-3-1001, the personal representative shall file the accounting, proposal for distribution, petition for settlement of the estate, proofs required by § 62-3-1001, and proof of publication of notice to creditors.
(e) Within the time set forth in § 62-3-806(a), serve upon all claimants a notice stating that their claim has been allowed or disallowed pursuant to that section.
(f) The time periods stated herein for completing the above requirements are not intended to supplant any other time periods stated elsewhere in this Code. The court may on its own motion, or on the motion of the personal representative or of any interested person, extend the time for completing any of the requirements of administration contained in Article 3 [§ 62-3-1001, et seq.] including any of the above requirements, and especially including the requirement to account, under § 62-3-1001, in cases of estates which remain significantly unadministered as of the expiration of the relevant time period, either as to the marshalling of assets or as to the allowance of claims.
(g) If a personal representative or trustee neglects or refuses to comply with any provision of § 62-3-706 he is subject to the contempt power of the court. The probate court, after a hearing and any notice the court may require, may issue its order imposing the sentence, fine, or penalty as it sees fit and remove the personal representative and appoint another personal representative.