ESTATE ADMINISTRATION
Probate is the process of transferring assets from someone who has died to the persons surviving them. It is not a process generally directed to long-term management of assets (trusts are more commonly used to address this need).
| A) | Proof (probate) of the will and appointment. In this part of the process,the Probate Court decides whether or not a person had a valid will and appoints a personal representative. |
| B) | Inventory. The personal representative must file a list of the estate’s assets and their values. In South Carolina, this filing is called the Inventory and Appraisement. |
| C) | Advertisement to Creditors. Shortly after a personal representative is appointed, the court runs an advertisement in a newspaper notifying creditors of their right to file a claim. In South Carolina, creditors normally have eight (8) months to file a claim. |
| D) | Distribution and Accounting. After the creditor’s claim period has expired, the personal representative distributes estate assets to those entitled to them and files an accounting with the Probate Court showing what they have done. |
| E) | Discharge. If the Probate Court agrees that the appropriate distributions have been made and all other requirements have been met (such as payment of fees), then the Probate Court will discharge the personal representative. |
In South Carolina, the probate process usually takes 9 to 12 months, mainly because of the 8 month creditor’s claim period.
Yes. South Carolina law provides a shorter probate procedure for estates whose value is less than $10,000.
Most people find probate is significantly more involved than they thought. Even where there is not a lot of legal complexity, there is often a large number of practical tasks, such as dividing personal property, appraising assets, transferring bank accounts and securities, filing life insurance claims, claiming employee benefits, and many more.
We realize that many people do this, and the Probate Court in most South Carolina counties is usually very helpful. On the other hand, there are often legal issues involved with estates, and lay persons may or may not be aware of them or know how to handle them. We believe that engaging an attorney to provide guidance and to help you handle an estate is usually a good idea.
This website is designed for general information only and should not be construed to be legal advice or the formation of a lawyer/client relationship. You should consult a qualified attorney for individual advice regarding your own situation.