Detailed Answer

If your spouse died intestate (without a valid will) in South Carolina and their family will not cooperate, you can still become the court‑appointed personal representative (commonly called the administrator) of the estate. South Carolina handles wills, probate, and intestacy under the South Carolina Code (Title 62). For statutory text and rules about appointment and duties of personal representatives, see the South Carolina Code, Title 62: https://www.scstatehouse.gov/code/t62.php. You can also find practical court information on the South Carolina Judicial Branch site: https://www.sccourts.org.

Who the court prefers to appoint

South Carolina probate courts give priority to certain persons when appointing a personal representative. A surviving spouse is typically at or near the top of the priority list for appointment when the decedent dies intestate. If you are the surviving spouse, you generally have a strong claim to appointment even when other relatives disagree. The court’s job is to appoint an appropriate fiduciary and to protect estate creditors, heirs, and other interested parties.

Step-by-step: How to get appointed as administrator

Locate the probate court. File in the probate court of the county where your spouse lived when they died. If you are unsure which court, contact the South Carolina Judicial Branch or the county courthouse clerk.
Gather basic documents. Typical items the court will want: the death certificate; your marriage certificate; any record of assets (bank, brokerage, mortgage, titles); social security numbers; and a list of potential heirs. The probate clerk can provide a checklist or forms.
File a petition for appointment. Prepare and file a petition or application for letters of administration (sometimes called petition for probate without a will). The petition asks the court to appoint you as personal representative. Many counties provide standard forms or templates; the courthouse clerk can direct you to local forms or procedures.
Provide notice to interested persons. South Carolina requires notice to heirs and certain interested parties. If family members won’t cooperate, you still must identify and attempt to notify them so the court can determine whether anyone contests the appointment. The court will tell you the proper method of service (mail, personal service, publication if necessary).
Bond and qualifications. The court may require a surety bond before issuing letters of administration. The amount varies based on estate value and local practice. If required, obtain bond through a bonding company or request bond waiver if statute or circumstances allow.
Attend the appointment hearing (if required). If someone objects or the court requires a hearing, you will present a short statement of why you should be appointed (your relationship, residence, ability to administer). If no one objects and the petition is in order, many counties appoint the petitioner administratively without formal hearing.
Receive Letters of Administration. After appointment and bond (if required), the court issues letters of administration—documentary authority you can use to access accounts, transfer titles, and manage estate affairs.

When family won’t cooperate: practical tips and legal mechanisms

If family members refuse to provide information, refuse to accept notices, or try to block your petition:

The court can require formal service and can accept constructive service (publication) if heirs cannot be located.
If someone wrongly attempts to act as personal representative without appointment, the court will clarify who has legal authority and may enjoin improper actions.
If heirs contest your appointment, the court decides based on priority and suitability. Being the surviving spouse is persuasive but you must follow court procedures and meet statutory qualifications.
Courts may appoint an independent or special administrator if there is a conflict or immediate need (to preserve assets, pay bills, or avoid loss). Ask the clerk about emergency or temporary appointment procedures in your county.

What the administrator must do

After appointment you must perform statutory duties: collect and secure assets, file an inventory, notify creditors, pay valid debts and taxes, and distribute the estate according to intestate succession rules. The court supervises these actions and the administrator remains a fiduciary with strict duties of loyalty and accounting. See South Carolina Code, Title 62 for details: https://www.scstatehouse.gov/code/t62.php.

Common obstacles and how courts typically resolve them

Heirs refuse to cooperate with notices or information requests. Use court-ordered service or publication. The court can impose deadlines and proceed even if heirs are unreachable.
Family member claims a competing right to appointment. The court resolves by statutory priority and fitness. Be prepared to show you are qualified and willing to serve.
Assets are at risk or bills are overdue. Request temporary/emergency appointment or limited power to secure assets and pay urgent expenses until a full appointment occurs.

When to consult an attorney

Consider hiring a probate attorney if any of the following apply: the estate is complex; family members actively contest appointment or distribution; large or unusual assets (business interests, real estate in multiple states); potential creditor claims; or if you are uncomfortable preparing court documents. An attorney can draft the petition, handle notice and bond issues, and represent you at hearings.

Helpful Hints

Contact the county probate clerk early—clerks can provide local forms, filing fees, and procedural requirements.
Obtain several certified copies of the death certificate; you will need them to access accounts and transfer titles.
Prepare a simple asset list (accounts, safe deposit boxes, vehicles, real property, life insurance) to support your petition and bond calculation.
Preserve documentation of any attempts to contact heirs (emails, certified mail receipts); the court will want proof of notice efforts.
If a bond is required and you have credit issues, discuss bond waivers or bonding company options with the clerk or an attorney.
Avoid self-help (changing locks, removing assets without court authority). Acting outside court authority can create liability and delay appointment.
If family members are uncooperative but have legitimate claims, consider mediation or a neutral third party to reduce conflict and litigation risk.

Key resources: South Carolina Code, Title 62 (Wills, Trusts, and Fiduciary Relationships): https://www.scstatehouse.gov/code/t62.php. South Carolina Judicial Branch: https://www.sccourts.org.

Disclaimer: This information is educational only and does not constitute legal advice. Laws change and the facts of each case matter. Consult a licensed South Carolina probate attorney or the county probate clerk for guidance tailored to your situation.