Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under South Carolina law, a minor cannot directly manage property or assets inherited from an estate. The court must appoint either a guardian of the property or a guardian ad litem to protect the minor’s interest. The specific process depends on whether the minor needs ongoing management of assets or only representation in the probate proceeding.
1. Ongoing Management: Guardianship of the Property
When a minor receives ongoing distributions or holds assets outright, interested persons—such as a personal representative, parent, or any other individual—may petition the probate court for guardianship of the minor’s property. The petition follows S.C. Code Ann. § 62-3-201 et seq. (§ 62-3-201). If approved, the court issues letters of guardianship. The guardian must file annual accountings and manage the assets prudently until the minor turns 18.
2. Representation in Probate: Guardian Ad Litem
If the minor needs representation only to approve a settlement or protect rights in a single probate action—such as selling inherited real estate—the court may appoint a guardian ad litem under S.C. Code Ann. §§ 62-3-401 to 62-3-408. Typical steps include:
- Filing a petition in the probate court handling the estate. (§ 62-3-405)
- Serving notice on the minor and other interested parties, including parents or existing guardians. (§ 62-3-402)
- The court reviews qualifications. It may appoint a parent if no conflict exists or an independent adult, such as an attorney or bank trust officer. (§ 62-3-404)
- Issuing an order of appointment and letters of guardian ad litem authorizing the representative to act on the minor’s behalf.
3. Duties and Termination
The guardian or guardian ad litem must investigate the minor’s rights, advise the court on the fairness of any proposed settlement, and file required reports or accountings. See S.C. Code Ann. § 62-3-408 (§ 62-3-408). Appointment ends when the minor turns 18, dies, or the court orders termination.
Helpful Hints
- Start early: File the petition as soon as you learn of the minor’s inheritance to avoid delays in distribution.
- Gather documents: Include the minor’s birth certificate, estate case number, and proof of inheritance.
- Consider conflicts: If a parent has interests adverse to the minor, choose an independent guardian ad litem.
- Track accounting: Guardians must report regularly—maintain clear records of all transactions.
- Consult a probate attorney: Even though this guide is educational, an attorney can ensure filings comply with local court rules.