Detailed Answer
Estate Administration
In South Carolina, estate administration matters fall under the Probate Court, a division of the Court of Common Pleas in each county. The Probate Court handles probate of wills, the appointment of personal representatives, and distribution of assets according to South Carolina Code Ann. § 62-3-101 et seq. To begin administration, you file a Petition for Probate with the Clerk of Court’s Probate Division in the county where the decedent resided at death. Each county sets its own forms and fee schedules; check your local Clerk of Court website for details.
Unclaimed Property Claims
The South Carolina State Treasurer’s Office, Unclaimed Property Division, manages abandoned or unclaimed personal property under South Carolina Code Ann. § 27-21-10 et seq. Holders of property—such as banks, businesses, or insurers—report and remit unclaimed funds or assets to the Treasurer after a statutory dormancy period. To search for and claim unclaimed property, visit the State Treasurer’s Unclaimed Property website at https://treasurer.sc.gov/unclaimed. Claimants submit proof of ownership, which may include death certificates, court orders, or documentation of prior ownership.
Key Statutes and Links
- Probate Court jurisdiction: SC Code Ann. § 62-3-101 et seq. — scstatehouse.gov/code/t62c003.php?article=1
- Unclaimed Property law: SC Code Ann. § 27-21-10 et seq. — scstatehouse.gov/code/t27c021.php?article=1
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Helpful Hints
- Locate the decedent’s will, death certificate, and asset records before filing a probate petition.
- Visit your county Clerk of Court’s website to download probate forms and review fee schedules.
- Use the State Treasurer’s online search tool to identify unclaimed property before submitting a claim.
- Gather proof of ownership—such as account statements or legal orders—for unclaimed property claims.
- Ask an attorney for help with complex estates, contested wills, or multi-jurisdictional assets.