As in other states, a South Carolina resident decedent's estate must go through the probate process. South Carolina estate settlement laws refer to certain time frames for opening probate, laws of succession for intestate decedents and the like. All estate and probate laws are codified by the South Carolina legislature. The South Carolina Probate Code falls under Title 62 of the South Carolina Code of Laws.
Opening Probate
No sooner than 30 days upon the death of a South Carolina resident, the personal representative named in the will, or a representative appointed by the probate court, must bring the original document to the probate court in the county in which the decedent resided to file probate and open the estate. South Carolina probate court judges are elected for four-year terms. The personal representative, called the executor in some states, must also submit a certified copy of the death certificate to the court and a copy of the obituary or funeral program listing the decedent's survivors. Also necessary is the paid funeral bill and copies of any real estate deeds in which the decedent had any percentage of interest.
Small Estates
The estates of decedents with few assets may qualify for Small Estate Administration. At the time of publication, in South Carolina the decedent's estate cannot exceed $10,000, less encumbrances and liens. As with standard probate, no one can file the will until 30 days after the decedent's death and a copy of the certified death certificate is mandatory. A personal representative is appointed, and that person must file an inventory and appraisal of the estate's assets. If total assets are less than $10,000, the personal representative may distribute the estate to the will's designated heirs and beneficiaries. The probate court requires a verified statement for closing the estate along with a full accounting.
Intestacy
Not all decedents leave a will. Those dying without a will are intestate. Under a will, a person may leave his goods or specific items to anyone he chooses. Without a will, the estate's assets distribute in accordance with South Carolina intestacy laws. For married decedents, the surviving spouse receives half of the property if there are also children, who receive the other half. If there are no children, the spouse takes the entire estate and if there is no spouse, the children divide it between them. If an unmarried decedent has no children or grandchildren, the estate passes in the order of surviving parents and then siblings. If the decedent has no surviving relatives, the estate passes to the state of South Carolina.
Personal Representative Duties
For all but the simplest estates, retaining a lawyer is generally advisable. The attorney guides the personal representative through the various duties under law. These include inventorying and safeguarding all of the estate's assets, including real and personal property, bank accounts, cash, mutual funds, brokerage accounts, stocks and bonds, jewelry, motor vehicles, antiques and establishing a value at the time of death. The personal representative must place a notice to creditors in the local newspapers; pay all debts and claims of the estate from the assets; file the decedent's last tax return and estate tax return; and distribute the remaining assets to the designated heirs and beneficiaries to settle the estate.
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