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When an estate matter has been assigned a file number and entered in the pending file, and appears to be defunct in fact and not susceptible to ending by letters dismissory, the court shall strike the case from the active file with leave to restore upon good cause being shown why the case should be continued as a ...
"(C) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before the effective date of the act, that statute continues to apply to the right even if it has been repealed or superseded." SECTION 62-4-101.
In a formal proceeding, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the estate that is the subject of the controversy. HISTORY: 2013 Act No. 100, Section 1, eff January 1, 2014.
SECTION 62-2-101. Intestate estate. Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this Code.
While there is no specific deadline for this in South Carolina law, it is generally best to do so within a month to prevent unnecessary delays in the probate process.
SECTION 62-5-101. Definitions and use of terms. Unless otherwise apparent from the context, in this article: (1) "Adult" means an individual who has attained the age of eighteen or who, if under eighteen, is married or has been emancipated by a court of competent jurisdiction.
The spousal elective share statute in South Carolina provides that the surviving spouse has the right to claim one-third of the estate even it they are completely disinherited in the decedent's last will and testament. Often, due to unhappy circumstances, someone will want to completely disinherit their spouse.