South Carolina: How to Ask the Probate Court to Require an Accounting of Estate Assets

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Understanding Court-Ordered Accountings in South Carolina Probate

This FAQ-style guide explains how beneficiaries and interested persons can ask a probate court in South Carolina to require a personal representative or executor to produce an accounting of estate assets and transactions.

Detailed answer — what you can request and how it works under South Carolina law

In South Carolina probate, people who have a legal interest in an estate (commonly called “interested persons” or beneficiaries) may ask the probate court to require the personal representative (executor or administrator) to provide an accounting of estate assets, receipts, expenses, payments to creditors, and distributions. The accounting is a written record that shows how the estate was managed from the representative’s appointment until the date of the accounting.

Why an accounting matters

  • It verifies that the representative collected and protected estate assets.
  • It shows payments made for funeral expenses, taxes, creditor claims, fees, and distributions to heirs or beneficiaries.
  • It allows beneficiaries to identify mistakes, overpayments, conflicts of interest, or breaches of duty.

Who may demand an accounting

  • Named beneficiaries under the will.
  • Heirs at law (people entitled by intestacy rules if there is no will).
  • Creditors in some circumstances, depending on the issue.

When accountings occur

  • Some estate administrations use periodic (interim) accountings while the estate is open.
  • A final accounting is often required before the court will allow the personal representative to close the estate and be discharged.
  • The timing and required filings can vary based on whether the estate is supervised by the court or is administratively unsupervised. If the court supervises the estate, accountings are more likely to be required and reviewed by the judge.

How to ask the court for an accounting (typical steps)

  1. Ask the personal representative informally. Often a written request for a copy of records, inventory, or an interim accounting will prompt cooperation.
  2. If you do not receive records or if the records are incomplete, file a formal petition or motion in the probate court asking the judge to order an accounting. The probate clerk or local rules will tell you how to file and serve the motion on the representative and other interested parties.
  3. The court may order the personal representative to file a detailed account and provide supporting documentation (bank statements, canceled checks, receipts, bills, and invoices).
  4. Once the accounting is filed, interested persons can object or request an audit or hearing to review the accounting in court.

What an accounting should include

  • An inventory of estate property and its values.
  • Receipts collected by the estate (sales, rents, dividends, refunds).
  • Payments made: funeral costs, funeral home, taxes, creditor claims, attorney and personal representative fees, taxes, repairs, and other disbursements.
  • Gains and losses from sales of estate property.
  • Proposed or completed distributions to beneficiaries, with dates and amounts.

Possible court responses if problems are found

  • The judge may require the representative to provide additional documentation or explanations.
  • If the court finds misconduct, it may impose remedies such as surcharge (monetary liability), removal of the personal representative, or other equitable relief.
  • The court may order reimbursement to the estate for losses caused by mismanagement or converted assets.

Relevant South Carolina authority and where to learn more

  • South Carolina’s probate laws and the rules governing estates are collected in the state code (Title 62 and surrounding provisions). A useful starting place for the text of the statutes is the South Carolina Code of Laws: https://www.scstatehouse.gov/code/. (Search the Probate and Fiduciary sections or “wills and estates” topics for specific provisions.)
  • The South Carolina Judicial Branch provides probate court information and local procedures through the court system’s probate pages: https://www.sccourts.org/probate/.

Practical limitations and timing considerations

  • Some small or unsupervised estates have streamlined procedures and may not require formal accountings unless a beneficiary asks the court to supervise or to compel one.
  • There are costs, court fees, and sometimes attorney fees associated with filing motions and pursuing contested accountings.
  • Delays are common in probate; requesting an accounting early can help protect estate assets and clarify the administration.

When to consult a lawyer

  • If the personal representative refuses to cooperate, if accounting entries look suspicious, or if large sums or complex assets are involved, speak to an attorney who handles South Carolina probate. An attorney can help you prepare a petition, identify requested supporting documents, and represent you at a hearing.

Disclaimer: This information is educational and general in nature. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most recent legal developments. For advice about a specific situation, consult a licensed South Carolina attorney.

Helpful hints — practical tips for beneficiaries and interested persons

  • Start with a polite written request to the personal representative for copies of the inventory, accountings, bank statements, and receipts. Keep copies of your correspondence.
  • Know your status: confirm whether you are an “interested person” under the will or by intestacy; that status determines your right to information and to file in court.
  • Ask the court clerk whether the estate is supervised or unsupervised; supervised estates typically have more required filings and routine judicial review.
  • Request a timeline: ask the representative for an expected schedule for filing any required inventories and the final accounting.
  • Collect and preserve any evidence of mismanagement (bank statements, cancelled checks, emails, or receipts).
  • Be realistic about costs—compelling an accounting can involve attorney fees and court costs that may reduce estate value.
  • Consider mediation or negotiation before filing a contested petition; many disputes resolve faster and less expensively outside court.
  • If you file a motion in court, follow local probate rules for filings, service, and deadlines. The probate clerk can usually explain procedural requirements.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.