The bill H. 5246 proposes an amendment to Section 62-3-108 of the South Carolina Code of Laws, which governs informal and formal probate and appointment proceedings. The key change in the bill is to extend the time frame for initiating such proceedings after a decedent's death from ten years to twenty years. This amendment aims to provide more flexibility for individuals seeking to commence probate or appointment proceedings, particularly in cases where there may be uncertainties regarding the decedent's death or other special circumstances.

Additionally, the bill outlines specific conditions under which probate proceedings may still be initiated beyond the standard time limits, such as in cases where a previous proceeding was dismissed due to doubts about the decedent's death or for the estates of absent or missing persons. It also clarifies that if no proceedings are initiated within the extended twenty-year period, it will be considered incontestable that the decedent left no will, and the estate will pass by intestate succession. The bill is currently residing in the House Committee on Judiciary and will take effect upon approval by the Governor.

Statutes affected:
02/24/2026: 62-3-108
Latest Version: 62-3-108