Court Safekeeping of Original Wills in South Carolina
At a glance
| Statutory safekeeping route | Cited provision governs postdeath delivery and filing (§ 62-2-901(a)). |
|---|---|
| Who may deposit | Postdeath custodian or named personal representative acting as deliverer (§ 62-2-901(a)). |
| Proper court or clerk | Probate judge with jurisdiction to admit will (§ 62-2-901(a)). |
| Envelope and filing record | Judge files received will; cited postdeath rule gives no wrapper mechanics (§ 62-2-901(a)). |
| Fee and receipt | Cited postdeath delivery rule sets no fee or receipt (§ 62-2-901(a)). |
| Custody before death | Cited provision concerns custody after the testator's death (§ 62-2-901(a)). |
| Retrieval before death | No lifetime retrieval step in cited postdeath delivery rule (§ 62-2-901(a)). |
| Notice after death | Actual notice or knowledge starts 30-day delivery period; judge publishes if probate not begun within 30 days (§ 62-2-901(a)). |
| Opening and release after death | Custodian delivers to judge or named personal representative, who delivers to judge; judge files will (§ 62-2-901(a)). |
Requirements one by one
Delivery after death
Section 62-2-901(a) requires a custodian to deliver the will within 30 days after actual notice or knowledge of the testator's death. The custodian may give it to the probate judge with jurisdiction or to the personal representative named in the will, who must deliver it to that judge. The judge files the will. If probate proceedings have not begun within 30 days, the judge publishes notice of delivery and filing in a county newspaper once a week for three consecutive weeks.
What trips people up
The deadline runs from the custodian's actual notice or knowledge, rather than automatically from the death date (§ 62-2-901(a)). Under § 62-2-901(b)–(c), intentional or fraudulent concealment or failure to deliver can lead to damages, and defying a court delivery order can lead to contempt.
Common questions
May the custodian give the will to the named personal representative? Yes, but that person must then deliver it to the probate judge (§ 62-2-901(a)).
Does the judge publish notice immediately on receiving the will? The publication duty arises if probate proceedings have not begun within 30 days; the notice runs once a week for three consecutive weeks (§ 62-2-901(a)).
Statutes and sources
- S.C. Code Ann. § 62-2-901(a)–(c): current official text, quoted with source URL and access date above.
Source links
Every statute quoted above, linked, with the date we checked it.
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