A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate under the supervision of the court, as follows:
- (a) Immediately after his appointment he shall publish the notice to creditors required by Section 62-3-801.
- (b) Within ninety days after his appointment he shall file with the court the inventory and appraisement required by Section 62-3-706.
- (c) Upon the expiration of the relevant period, as set forth in Section 62-3-807, the personal representative shall proceed to pay the claims allowed against the estate, as provided in Section 62-3-807.
- (d) Upon the expiration of the relevant period, as set forth in Section 62-3-1001, the personal representative shall file the account, proposal for distribution, petition for settlement of the estate, proofs required by Section 62-3-1001, and proof of publication of notice to creditors.
- (e) 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 [Section 62-3-1001, et seq.] including any of the above requirements, and especially including the requirement to account, under Section 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.
- (f) If a personal representative or trustee neglects or refuses to comply with any provision of Section 62-3-706 he is liable to a penalty of one thousand dollars for each separate failure or neglect and the official bond of the personal representative or trustee is liable therefor. This penalty must be recovered by the South Carolina Department of Revenue for the use of the State and an action for the recovery thereof may be brought by the Department of Revenue in any court of competent jurisdiction and, upon collection, must be paid into the state treasury. But the department, upon good cause shown, may, in its discretion, excuse the penalty or any part thereof. The probate court, after a hearing and any notice the court may require, may remove the personal representative and appoint another personal representative.
HISTORY: 1986 Act No. 539, Section 1; 1987 Act No. 171, Section 26; 1990 Act No. 521, Section 45; 1993 Act No. 181, Section 1608.