Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch

RULE 4
PROCEDURES FOR ENDING DEFUNCT CASES

When an estate matter has been assigned a file number and entered in the pending file, and appears to be defunct in fact and not susceptible to ending by letters dismissory, the court shall strike the case from the active file with leave to restore upon good cause being shown why the case should be continued as a pending case.

When a guardianship or committeeship is defunct in fact and not susceptible to ending by normal final accounting, notification, and final discharge procedures, the court shall issue a final discharge upon its own initiative, provided that prior notice of such discharge shall be given in a newspaper published in the county, or if there be no newspaper published in the county, in the newspaper having the greatest circulation therein, once a week for four consecutive weeks, that on a certain day final discharge will be made. When a final accounting has not been made, no final discharge granted pursuant to this rule shall affect the rights of any ward or mentally incompetent person.