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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 15-61-30: State as owner of escheated interest is not necessary party.

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Where this section sits in the code
  1. Title 15 - CIVIL REMEDIES AND PROCEDURES
  2. CHAPTER 61 Partition
  3. ARTICLE 1 General Provisions

If one having a vested interest in real estate as tenant in common dies without a will and without known heirs partition proceedings may be maintained against unknown heirs without making the State a party to the action, and a sale and conveyance under a decree in the cause shall vest such interest as may be subject to escheat under the provisions of this chapter in the purchaser, provided that in such decree provisions be made for the payment of the divisible share of such deceased person in the proceeds of sale, if any, to the State Treasurer, to be paid into the State Treasury, subject to the right of the heir or heirs to recover such share by proper proceedings and on issue tried in the court of common pleas.

Collected 2026-09-02T06:42:44Z. Source file · JSON

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