How to secure and inventory a decedent’s house in South Carolina before you are appointed administrator
Short answer: Act quickly but carefully. Secure the house, document everything with dated photos and a written inventory, limit access, notify family in writing to preserve the status quo, consult the probate court and a probate attorney about expedited appointment or temporary relief, and involve law enforcement if someone takes property. These steps help protect the estate and create evidence if items go missing.
Disclaimer
This article is educational only and is not legal advice. For advice about a specific situation you should consult a licensed South Carolina probate attorney.
Detailed answer — step-by-step guidance under South Carolina law
1) Understand the legal context
South Carolina’s probate laws govern appointment of personal representatives and administration of estates. The probate court can appoint an administrator or executor and issue letters that give the personal representative authority to collect and control estate property. See South Carolina Probate Code, Title 62 for the statutory framework: https://www.scstatehouse.gov/code/title62.php. Criminal statutes covering theft, trespass, and related offenses are in Title 16: https://www.scstatehouse.gov/code/title16.php.
2) Secure the property immediately
Time is critical. Your first priorities are safety and preservation of property.
- Change locks or place new locks on outside doors if you have lawful access and there is no court order preventing it. If you expect a dispute with co-heirs, proceed carefully and document the condition of locks before and after.
- Turn on or install an alarm or security cameras. If cameras are used, clearly state they are for preservation of estate property.
- Limit who has keys and who may enter. Keep a written log of every person who enters, why, and when.
- Secure high-value items (cash, jewelry, firearms, original wills, important papers). If possible, place small valuables in a bank safe-deposit box or a locked, photographed container. Keep chain-of-custody notes showing who handled them and when.
3) Create a contemporaneous, dated inventory and photographic record
Do a room-by-room inventory immediately. The goal is to create an objective record that you can later use in probate court or in a criminal investigation if items disappear.
- Walk through each room and take wide-angle photos and close-ups of valuables. Record the date and time in file names or metadata.
- Make a written inventory listing item descriptions, serial numbers, model numbers, and estimated value. Note location (e.g., “master bedroom, top dresser drawer”).
- Record video of the entire house while narrating the contents out loud (“living room: two sofas, glass coffee table, oil painting on west wall”).
- For high-value items, obtain appraisals or at least two independent value estimates and note them in the inventory.
- Have at least one disinterested witness (neighbor, friend, or professional such as a property manager) watch or sign the inventory and photos; get their contact information and a dated signature if possible.
4) Communicate in writing to family and potential heirs
Send a short, polite written notice to siblings and other potential heirs asking them not to remove, alter, or destroy property until a personal representative is appointed. Keep copies of this notice and proof of delivery (email read receipts, certified mail return receipt).
Sample short notice language you can adapt:
“I am writing to request that you not remove or alter any items from [the decedent’s address] while the estate is being opened and a personal representative is appointed. We plan to document and inventory the contents for probate. If you believe you need access for a specific reason, please contact me in advance so we can coordinate.”
5) Contact the probate court and consider an expedited petition
Contact the local probate court clerk right away to learn how to file for appointment as administrator (letters of administration). In urgent situations you can ask the court about temporary or emergency relief to protect estate property while the probate process proceeds. The probate statute collection is at: South Carolina Code Title 62.
6) When to involve law enforcement
If someone removes items despite your written request, call the local police to report the removal and request a report. Theft or trespass by a sibling can be a criminal matter. Keep a copy of the police report and any evidence (photos, receipts, witness statements).
7) Consider hiring professionals
- Probate attorney — for filing the petition and advising on temporary court orders.
- Neutral inventory service or estate liquidator — to prepare a professional inventory, especially for large estates.
- Licensed locksmith and security company — to secure the house without damaging it and to install cameras or alarms properly.
- Appraiser — for jewelry, art, antiques, real property comparables, and vehicles.
Practical inventory checklist (room-by-room)
- Identify and photograph the will and important documents (originals only).
- Record cash amounts and where found.
- List jewelry, watches, and heirlooms with photos and serial numbers if present.
- Note furniture and appliances (make/model/condition).
- Record electronics and serial numbers (TVs, computers, phones).
- Inventory firearms separately and secure according to local law.
- List vehicles on the property and photograph VIN plates and odometer readings.
- Document photographs, family records, and sentimental items (note special heirs who may claim them later).
Helpful hints
- Act promptly. The sooner you document and secure property, the stronger your protection.
- Keep everything documented and dated. Digital photos should show timestamps; keep original files rather than edited copies.
- Don’t confront or accuse aggressively. Keep interactions civil and document communications.
- If you lock the property, keep a spare key and record who has access; avoid making the property inaccessible to the probate court or to someone who may have a lawful right to access under a court order.
- Keep receipts for any expenses you incur securing the property — these can be reimbursable from the estate once you are appointed personal representative.
- If you suspect criminal activity, request a police report immediately. Criminal charges are enforced by the state and do not replace civil probate claims, but they can stop immediate wrongful removals.
- Consult a probate attorney early — they can file for letters of administration and, when appropriate, request temporary protective orders from the probate court.
When a court fight might be needed
If a sibling refuses written requests and continues to remove property, you may need the probate court to resolve possession and distribution. The court can appoint a temporary or permanent administrator and issue orders preventing further removals. A lawyer can advise whether to seek an injunction or a contempt proceeding if a court order is violated. See South Carolina probate statutes: Title 62.
Final notes
Securing and inventorying a decedent’s house involves careful documentation, effective communication, and knowledge of probate procedures. Taking prompt, well-documented steps protects estate assets and strengthens your position when you petition the court for appointment. For any contested or complex situation, consult a South Carolina probate attorney to protect your and the estate’s interests.