Detailed Answer
In South Carolina, letters of administration grant a person the authority to manage and distribute a decedent’s estate when no valid will exists. The process is governed by S.C. Code § 62-3-401 and related provisions. You must file your application with the probate court in the county where the decedent last resided.
Required documentation typically includes:
- Certified Death Certificate: Obtain at least one certified copy from the Department of Health and Environmental Control.
- Probate Petition: Complete the Petition for Letters of Administration (court form or local equivalent).
- Heirship Affidavit: List all next of kin, their contact information, and relationship to the decedent.
- Oath of Administrator: A sworn statement affirming your commitment to fiduciary duties.
- Bond: If required under S.C. Code § 62-3-505, file a surety bond in the amount ordered by the court. Some courts waive this requirement for close relatives.
- Asset Inventory: An initial list of estate assets with estimated values.
- Renunciations or Consents: Signed documents from other heirs if they waive priority or consent to another person serving.
- Filing Fee: Pay the fee set by the probate court (varies by county).
After filing, the court clerk will review your petition. The judge may schedule a hearing, confirm any bond, and then issue the letters of administration. Those letters authorize you to collect assets, pay debts, and distribute property according to South Carolina law.
Helpful Hints
- Order multiple certified death certificates; financial institutions often require originals.
- Contact the local probate clerk early to obtain precise form requirements and fee schedules.
- Confirm bond requirements before preparing financial documentation.
- Keep organized copies of all filings, correspondence, and receipts.
- Consider consulting a probate attorney for complex estates, creditor disputes, or contested heirship.
Disclaimer: This article is for educational purposes and does not constitute legal advice.