A South Carolina personal representative (executor) must deliver the will, get appointed, notify creditors, inventory and safeguard the assets, pay valid debts and taxes in the right order, distribute to the right people, account to the court, and act loyally and prudently throughout. Frost Law Group advises personal representatives in the Dorchester, Berkeley and Charleston County probate courts on every step.
The job, in order
- Get appointed before you act. Until the court issues letters, you have no authority. Do not close accounts, sell anything or promise distributions.
- Protect the assets. Change locks if needed, keep homeowner's and auto insurance in force, secure valuables, and collect mail. Photograph the contents of the home before family members remove anything.
- Open an estate account. Get an EIN for the estate, open a checking account in the estate's name, and run every dollar through it. Never mix estate money with your own.
- Notify and communicate. Creditors, the Social Security Administration, pension plans, insurers, and the beneficiaries. Beneficiaries are entitled to information; silence causes disputes.
- Inventory. List every asset with a date-of-death value and file it on the court's form. Get appraisals for real estate, vehicles and collections.
- Handle claims. Review each claim, allow or disallow it in writing, and pay allowed claims in statutory priority after the creditor period (S.C. Code § 62-3-801). Funeral expenses, administration costs and taxes come before general creditors.
- Taxes. File the decedent's final Form 1040 and SC1040, a fiduciary return if the estate earns income, and property taxes on real estate the estate holds.
- Distribute and account. Distribute per the will or statute, get signed receipts, and file the accounting the court requires to close.
Standards you are held to
A personal representative is a fiduciary: you must act in the beneficiaries' interest, not your own, with the care a prudent person uses with their own affairs. You cannot buy estate property for yourself without court approval or beneficiary consent, favor one beneficiary, or use estate funds for personal expenses. Breaches lead to surcharge—paying the loss from your own pocket—and removal.
Compensation
South Carolina allows a reasonable commission, generally up to five percent of the personal property the estate receives (real estate is treated differently), plus reimbursement of legitimate expenses. Many family members waive it; the choice is yours, and it should be documented.
When you should call a lawyer
- The estate includes real estate to sell, a business, or out-of-state property
- A creditor claim looks wrong or large
- A beneficiary is unhappy, unreachable, a minor, or receiving benefits
- The will is unclear, was changed late in life, or is being questioned
- You are unsure whether an asset is a probate asset at all
If a dispute has already started, see executor and beneficiary disputes.
Named as executor?
We will walk you through the appointment and give you the checklist, whether or not you hire us for the rest.
Questions people ask
Can I be removed as personal representative?
Yes, by the court, for mismanagement, conflict of interest, failure to account or failure to act. Beneficiaries petition; a hearing follows.
Do I have to serve if I was named?
No. You can decline, and the alternate named in the will (or the next person with priority) is appointed instead.
Am I personally liable for the decedent's debts?
Not for the debts themselves—only for losses you cause by mishandling the estate, such as distributing before paying a valid claim.
Related pages
The probate process
Every step from delivering the will to closing the estate, with the deadlines that matter.
Learn moreExecutor disputes
Removal petitions, accountings, self-dealing and contested distributions.
Learn moreProbate courts guide
Addresses, phones and practical notes for the three probate courts we appear in.
Learn more