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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 62-3-405: Uncontested cases; hearings and proof.

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Where this section sits in the code
  1. Title 62 - SOUTH CAROLINA PROBATE CODE
  2. ARTICLE 3 Probate of Wills and Administration
  3. Part 4 Formal Testacy and Appointment Proceedings

If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of Section 62-3-409 have been met or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit (including an affidavit of self-proof executed in compliance with Section 62-2-503) or testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.

Collected 2026-09-02T08:08:34Z. Source file · JSON

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