Selective Substantive Provisions of the South Carolina Probate Code: A Comparison with Previous South Carolina Law

This Article also refers to the South Carolina Probate Code as the "SCPC" and the "Code."The SCPC is codified at Title 62 of the South Carolina Code.References to the Code herein are to Title 62.The article and section numbers of the act correspond to the part and section numbers of Title 62.For example, a reference to S.C. CODE ANN.§ 62-1-201 (1976) refers to the section found at SCPC § 1-201.2. The historical progress of the SCPC seems to pay homage to the static tradition of trust and estate law.Based upon the Uniform Probate Code promulgated by the American Bar Association's Section of Real Property, Probate and Trust Law, the SCPC received consideration, in varying degrees of seriousness, over the last two decades.For an excellent detailed history of the Code, see LeBlanc, The Proposed South Carolina Probate Code, 36 S.C.L. REv.511 (1985).For an example of the call for probate reform during the period of consideration, see Braun, Probate Reform for South Carolina: An Introduction to the Uniform Probate Code, 29 S.C.