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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in South Carolina for guidance specific to your situation.

Detailed Answer

When no probate case exists for a decedent’s estate in South Carolina, interested parties must take the following steps to open an estate proceeding:

1. Determine Proper Jurisdiction and Venue. Under S.C. Code Ann. § 62-3-201, file in the Probate Court of the county where the decedent was domiciled at death (S.C. Code Ann. § 62-3-201).
2. Locate the Original Will (if any). Submit the decedent’s original will with your petition. If the will cannot be located, include an affidavit explaining the circumstances.
3. Prepare and File a Petition. File a petition to probate the will (if one exists) or to appoint an administrator under S.C. Code Ann. § 62-3-202 (S.C. Code Ann. § 62-3-202). Include:
   • Decedent’s full name, address, and date of death
   • Names and addresses of heirs or beneficiaries
   • Estimated value of assets and liabilities
4. Provide Required Documentation. Attach:
   • Certified death certificate
   • Original will (if available)
   • Affidavit of Surviving Heirs
   • Consent forms, if beneficiaries agree on the appointment
5. Notice and Hearing. Serve notice on all interested parties. Publish notice in a local newspaper if required by S.C. Code Ann. § 62-3-304 (S.C. Code Ann. § 62-3-304).
6. Appointment of Personal Representative. After the notice period, the court holds a hearing. If no valid objections arise, the clerk issues Letters Testamentary or Letters of Administration under S.C. Code Ann. § 62-3-401 (S.C. Code Ann. § 62-3-401).
7. Post-Appointment Duties. The personal representative must:
   • Post a bond (if required by the court)
   • Inventory estate assets within 90 days
   • Manage assets and pay valid debts
   • File final accounting before distributing assets

Helpful Hints

• Verify the decedent’s domicile carefully; venue is strictly governed by statute.
• Obtain multiple certified copies of the death certificate early.
• Gather up-to-date contact information for all heirs and beneficiaries.
• Review local court rules for filing fees and publication procedures.
• Consider consulting a probate attorney for complex estates or disputes.
• Maintain organized records of all filings, notices, and correspondence.
• Be mindful of creditor claim deadlines—typically eight months after appointment.