Detailed Answer
When a personal representative or interested party encounters an uncooperative institution—such as a bank or brokerage—refusing to release estate documents, you have several options under South Carolina law to secure the needed records.
1. Serve a Formal Demand Letter
Begin by sending a written demand. Include a certified copy of the death certificate, letters testamentary or letters of administration, and an affidavit of estate duties. Outline the specific documents you need and set a reasonable deadline.
2. Invoke Statutory Authority of the Personal Representative
Under SC Code §62-3-603, a personal representative has authority to collect assets and information on behalf of the estate. If an institution refuses to comply, reference this statute and include a copy: SC Code §62-3-603.
3. Issue a Subpoena Duces Tecum
South Carolina Rule of Civil Procedure 45 allows you to subpoena documents from third parties, including financial institutions. File a notice of deposition or motion in the probate or civil court and serve a subpoena for production of records: SC R. Civ. P. 45.
4. Petition the Probate Court for an Order to Compel
If informal requests and subpoenas fail, file a petition in the probate court overseeing the estate. Ask the court to exercise its inherent authority under Title 62, Chapter 3 of the South Carolina Code of Laws to compel the institution to produce estate records. Detail your prior demands and any objections the institution has raised.
5. Seek Contempt or Sanctions
Once the court issues a production order, an institution that continues to withhold documents may face contempt proceedings or sanctions. This step often motivates compliance.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in South Carolina to address your specific situation.
Helpful Hints
- Keep a record of all communications, including dates, times, and copies of letters or emails.
- Use certified mail or another tracked delivery method for formal demands.
- Verify the required documentation for each institution; some banks require additional affidavits.
- Maintain organized file copies of all estate documents you receive.
- Consider hiring an estate attorney if you encounter legal or procedural obstacles.