S.C. Code § 62-3-104

Current through 2024 Act No. 225.
Section 62-3-104 - Claims against decedent; necessity of administration

No claim may be filed against the estate of a decedent and no proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative, except as provided in Section 62-3-804(1)(b). After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this article [Sections 62-3-101 et seq.]. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in Section 62-3-1004 or from a former personal representative individually liable as provided in Section 62-3-1005. This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.

S.C. Code § 62-3-104

Amended by 2013 S.C. Acts, Act No. 100 (SB 143), s 1, eff. 1/1/2014.
1986 Act No. 539, Section 1.