The first two weeks
Locate the original will and deliver it to the probate court of the county where the person lived; South Carolina requires whoever holds it to do so (S.C. Code § 62-2-901). Order several certified death certificates. Secure the home and vehicles, forward mail, and do not distribute anything—not even personal items—until the personal representative is appointed. Nothing else is urgent.
Step by step
- Application or petition. The person named in the will (or, with no will, the person with statutory priority—usually the spouse or an heir) applies to the probate court to be appointed. Most estates open informally, without a hearing; a formal petition is used when a will is questioned or heirs disagree.
- Appointment and letters. The court issues letters testamentary or letters of administration—the document banks, the DMV and title companies will ask for. A bond may be required unless the will waives it or the heirs consent.
- Notice to creditors. The court publishes notice; creditors have eight months from first publication to present claims (S.C. Code § 62-3-801). Known creditors should be notified directly.
- Inventory and appraisement. A sworn list of the estate's assets and their date-of-death values, filed with the court on its form. Real estate, vehicles, accounts, business interests and personal property are all included; appraisals are used where values are not obvious.
- Managing the estate. Open an estate bank account under a new tax ID, collect assets, keep insurance in force, and keep every receipt. The personal representative acts as a fiduciary and can be held personally responsible for losses.
- Claims, debts and taxes. Allow or deny each claim in writing. Pay valid debts in the statutory order of priority. File the decedent's final income tax return and, if the estate earns income, a fiduciary return.
- Distribution. After the creditor period closes and debts are paid, distribute according to the will or intestacy statute and collect signed receipts from each beneficiary. Real estate passes by deed of distribution.
- Closing. File the final accounting (or an application for settlement with waivers from the beneficiaries). The court approves it and discharges the personal representative.
How long it takes
Because of the creditor period, the fastest an ordinary South Carolina estate closes is a little over eight months. Ten to fourteen months is common. Real estate that must be sold, a business, an out-of-state asset, a tax audit or a family disagreement can stretch it to two years or more.
What can go wrong
- Distributing early and running out of money for a late creditor claim—the personal representative pays it personally
- Missing the inventory deadline or filing values that cannot be supported
- Commingling estate money with personal accounts
- Selling real estate without the authority the will or court gives
- Letting a beneficiary take the truck and the tools before the accounting
Most of these are avoidable with a checklist and a phone call. Our guide for personal representatives goes deeper.
Need a hand with an estate?
Bring the will and a list of assets. We will map the process and tell you which steps you can do yourself.
Questions people ask
What is the difference between informal and formal probate?
Informal probate is handled by the court's staff without a hearing and works when the will is clear and nobody objects. Formal probate is a court proceeding with notice and a judge's order, used when there is a dispute or a defect to resolve.
Can the personal representative be paid?
Yes. South Carolina allows a reasonable commission, generally up to five percent of the personal property received, and reimbursement of expenses.
Related pages
Executor duties
The personal representative's checklist, deadlines and liabilities.
Learn moreSmall estates
The $45,000 affidavit and the summary procedure for small estates.
Learn moreProbate courts guide
Addresses, phones and practical notes for the three probate courts we appear in.
Learn more