Shelley v. South Carolina Department of Mental Health

Cureton, Judge:

Laurie Shelley, the administrator of the estate of Tressie Pratt, deceased, brought this declaratory judgment action in the court of common pleas to dissolve the statutory lien of the South Carolina Department of Mental Health for care given Mrs. Pratt. The Department of Mental Health demurred to the complaint on the ground the probate court had exclusive jurisdiction of the action, the administration of the estate already having been initiated there. The circuit court overruled the demurrer and the Department of Mental Health appealed. We affirm.

The jurisdiction of the probate…