Phillips v. Quick (Lawyers Weekly No. 011-094-12, 6 pp.) (Thomas E. Huff, J.) Appealed from Anderson County Circuit Court. (J. Cordell Maddox Jr., J.) S.C. App. Full-text opinion.
Holding: S.C. Code Ann. § 62-3-803 is a nonclaim statute, and the discovery rule does not apply to it. Since respondent filed her claim against the decedent’s estate more than nine months after the first publication of notice to creditors, respondent’s claim was time-barred.
We reverse the circuit court’s order that affirmed the probate court’s approval of respondent’s claims.
Section 62-3-801(a) mandates that creditors who are not given actual notice must present their claims within eight months after the date of the first publication of the notice or be forever barred.
In in re Estate of Tollison, 320 S.C. 132, 463 S.E.2d 611 (Ct. App. 1995), this court held that § 62-3-803 is a nonclaim statute. The time element is a built-in condition of a nonclaim statute and is of the essence of the right of action. Unless a claim is filed within the prescribed time set out in the statute, no enforceable right of action is created.
While equitable principles may extend the time for commencing an action under statutes of limitation, nonclaim statutes impose a condition precedent to the enforcement of a right of action and are not subject to equitable exceptions.
Section 62-3-803 makes no mention of the discovery rule, and no other statute specifies the rule applies to the nonclaim statute. Because we find no indication our legislature intended for the discovery rule to apply to the nonclaim statute, we conclude this rule does not extend to § 62-3-803.
Reversed.