Subcommittee adopts amendment to allow county option for online probate creditor notice

The Domestic Relations, Business and Probate Law Subcommittee voted to adopt a committee amendment to House Bill 4511 on probate notice to creditors and issued a favorable report as amended, 5-0.

Representative Wetmore, the bill sponsor, told the subcommittee the amendment makes online creditor notification an option for counties and lets creditors file claims online while recognizing probate courts are not part of a unified judiciary. "We are handing out an amendment that makes some changes, because the probate courts are not part of the unified judiciary in the state," she said, describing a decentralized, county-by-county approach to online publication.

Why it matters: the amendment aims to reduce high publication costs in smaller counties where printing notices can be expensive and to modernize how creditors find and file claims. Judge Amy McCullough of Richland County told the committee she and the probate association support the amendment and called it a helpful cleanup, adding that it "will save your constituents money" and noting that "nobody reads the paper anymore."

Committee members questioned practical effects and safeguards. Representative David Martin asked how the change would affect rural residents without broadband and whether online postings would replace print notices for people who rely on newspapers. Judge McCullough and other supporters said counties could still publish in print and that the amendment provides additional options rather than forcing an online-only approach. Marshall Minton of the South Carolina Bar's probate section emphasized the amendment preserves statutory time-limit protections for creditor claims.

What the amendment does and does not do: the amendment makes online publication an option for counties and contemplates fees for online posting, but it does not change the existing legal requirement that creditors file claims with the probate court to have those claims presented. As Judge McCullough explained, "a creditor is required to file a claim with the court" and this bill only changes the personal representative's publication responsibility.

Vote and next step: after adopting the amendment by voice vote and discussing the policy details, the committee took a roll-call vote on a favorable report as amended. Representatives Bernstein, Calhoun, Guest (Val Guest), King and Martin recorded 'aye,' producing a 5-0 favorable report as amended. The subcommittee adjourned at its required time; any remaining technical or implementation questions can be addressed in follow-up work by staff and stakeholders.

Ending note: supporters said the option could lower costs and modernize notice; members asked staff and sponsors to clarify fee limits and ensure rural residents retain access to print notice options.