Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in South Carolina for guidance specific to your situation.
Detailed Answer
When no probate case exists for a decedent’s estate in South Carolina, interested parties must take the following steps to open an estate proceeding:
- Determine Proper Jurisdiction and Venue. Under S.C. Code Ann. § 62-3-201, file in the Probate Court of the county where the decedent was domiciled at death (S.C. Code Ann. § 62-3-201).
- Locate the Original Will (if any). Submit the decedent’s original will with your petition. If the will cannot be located, include an affidavit explaining the circumstances.
- Prepare and File a Petition. File a petition to probate the will (if one exists) or to appoint an administrator under S.C. Code Ann. § 62-3-202 (S.C. Code Ann. § 62-3-202). Include:
- Decedent’s full name, address, and date of death
- Names and addresses of heirs or beneficiaries
- Estimated value of assets and liabilities
- Provide Required Documentation. Attach:
- Certified death certificate
- Original will (if available)
- Affidavit of Surviving Heirs
- Consent forms, if beneficiaries agree on the appointment
- Notice and Hearing. Serve notice on all interested parties. Publish notice in a local newspaper if required by S.C. Code Ann. § 62-3-304 (S.C. Code Ann. § 62-3-304).
- Appointment of Personal Representative. After the notice period, the court holds a hearing. If no valid objections arise, the clerk issues Letters Testamentary or Letters of Administration under S.C. Code Ann. § 62-3-401 (S.C. Code Ann. § 62-3-401).
- Post-Appointment Duties. The personal representative must:
- Post a bond (if required by the court)
- Inventory estate assets within 90 days
- Manage assets and pay valid debts
- File final accounting before distributing assets
Helpful Hints
- Verify the decedent’s domicile carefully; venue is strictly governed by statute.
- Obtain multiple certified copies of the death certificate early.
- Gather up-to-date contact information for all heirs and beneficiaries.
- Review local court rules for filing fees and publication procedures.
- Consider consulting a probate attorney for complex estates or disputes.
- Maintain organized records of all filings, notices, and correspondence.
- Be mindful of creditor claim deadlines—typically eight months after appointment.