Moultis v. Degen

Harwell, Justice:

This appeal presents the question whether Section 21-15-640, Code of Laws of South Carolina (1976), erects a time bar to a tort claim not filed with an estate within five months after first publication of notice to creditors. The trial judge held the statute barred the claim in suit and sustained a demurrer on that ground.

The pertinent portions of § 21-15-640 provide:

All claims of creditors of such estate shall upon the expiration of five months after the first publication of the notice prescribed in § 21-15-630 be forever barred unless, before the expiration of such period,…