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THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Charles E. Gordon, as Personal Representative of the Estate of Clara Gordon Burch, Appellant,

v.

Jacqueline F. Busbee, Individually and as Personal Representative of the Estate of George E. Burch; Dennis E. Burch; and Laurie E. Burch, Respondents.

In the matter of:  The Estate of Clara Gordon Burch

Appeal From Aiken County
James C. Williams, Jr., Circuit Court Judge

Opinion No. 4044
Heard October 11, 2005 – Filed November 21, 2005

REVERSED AND REMANDED

Adele Jeffords Pope, of Columbia and Thomas H. Pope, III, of Newberry, for Appellant. 

B. Michael Brackett, Carlos W. Gibbons, Jr. and Deborah Harrison Sheffield, all of Columbia, for Respondents.

STILWELL, J.:  Charles Gordon appeals the dismissal of his civil action against Jacqueline Busbee, individually and as personal representative of the estate of George Burch, and Dennis and Laura Burch, as devisees of the estate of George Burch.  The circuit court dismissed the action because Gordon did not file his claim on a specific probate court form.[1]  We reverse and remand. 

FACTS

On July 30, 1984, Clara Gordon Burch married George Burch.  At the time, Clara Burch was seventy-five years old, and George Burch was almost seventy.  The couple remained married for nearly sixteen years, until the death of Clara Burch on April 19, 2000.  In her will, Clara appointed George personal representative of her estate.  She also named Charles Gordon alternate personal representative. 

George served as personal representative until his death on January 18, 2003.  A month after George’s death, Gordon assumed the duties of the personal representative of Clara’s estate.  Gordon claims that after his appointment he discovered various improprieties related to distributions from Clara’s estate.  Gordon asserts these distributions were made not only from her estate while George acted as its personal representative, but also from her financial holdings during the time George acted as Clara’s attorney in fact from 1994 until her death in 2000. 

Gordon then brought this lawsuit against Jacqueline Busbee, an Aiken County attorney, individually and in her capacity as personal representative of the estate of George Burch, and Dennis and Laura Burch, as devisees under George Burch’s will (collectively Busbee).  The summons and verified complaint were filed with the probate court on April 15, 2003.  The complaint stated amounts claimed from the estate of George Burch as well as the basis for claiming them.  Soon after Gordon filed the complaint, the case was removed from probate court to circuit court, and Busbee answered. 

Later that year, Busbee moved the circuit court to dismiss Gordon’s action against the estate of George Burch for failure to present his claim within the proper time and on the proper form.  Busbee contended that pursuant to S.C. Code Ann. § 62-3-804(2) Gordon had until the end of the claim period on October 4, 2003 to submit his claim to the personal representative of the estate of George Burch.  Busbee argued that because Gordon did not file South Carolina Probate Court Form 371 before the claim period expired, Gordon did not properly present his claim against the estate, and his claim was barred.  The circuit court agreed and granted Busbee’s motion to dismiss. 

DISCUSSION