Delores Hose v. Estate of Larry B. Hose, et al.

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Case Issue:

The following questions were certified to this Court by the Berkeley County Circuit Court:
Question One: Did the fiduciary supervisor properly refuse to accept Mrs. Delores H.'s affidavit as any type of legally cognizable claim against the Estate of Larry H.?
Circuit Court's Answer One: Yes. The requirements as to the form of claims is mandatory and the affidavit alone, apart from the fact that there was no filing fee submitted, is insufficient as a matter of law.
Question Two: Upon the facts of this case as set forth [below], does that circuit court lack subject matter jurisdiction over the issues raised in the [underlying] Complaint?
Circuit Court's Answer Two: Yes. The county commission has sole original jurisdiction of the settlement of estates. Although the damages action against decedent Larry B. H., survived his death, it was mandatory that [petitioner] either file a legally cognizable claim within the estate or have filed a civil action for the same while the estate was still open. Further, the failure to file exceptions to the final account and/or the failure to file a timely appeal of the settlement of the estate is fatal to all of [petitioners'] claims.