Detailed Answer
When a person dies in South Carolina, their bank accounts become part of the probate estate. Banks will not release or allow withdrawal of funds without proper court authority. If co-heirs refuse to cooperate, you must seek court-appointed authority to freeze or secure those accounts.
1. Obtain a Certified Death Certificate
First, order an official copy of the decedent’s death certificate from the South Carolina Department of Health and Environmental Control. Most banks require this certified document before placing a hold on any account.
2. Identify the Will or Determine Intestacy
If the decedent left a valid will, file it with the probate court. If no will exists (intestate), the court will distribute assets under South Carolina’s intestacy statutes (see S.C. Code Ann. § 62-2-101 et seq.; https://www.scstatehouse.gov/code/T62c002.php).
3. Petition for Letters of Administration or Testamentary
File a petition in the probate court of the county where the decedent resided for:
- Letters Testamentary (if there is a will)
- Letters of Administration (if there is no will)
This petition gives you legal authority to manage and protect estate assets, including bank accounts. Any interested person may petition if co-heirs fail to act. See S.C. Code Ann. § 62-3-502 (Who may petition) and § 62-3-503 (Issuance of letters): https://www.scstatehouse.gov/code/T62c003.php#62-3-502.
4. Post a Bond (If Required)
The court may require a fiduciary bond under S.C. Code Ann. § 62-3-506 to protect heirs against mismanagement.
5. Present Court-Issued Letters to the Bank
Once the court issues Letters of Administration or Testamentary, obtain certified copies. Provide the bank with:
- Certified copy of the death certificate
- Certified Letters of Administration or Testamentary
- Personal identification of the personal representative
- Court order directing the bank to freeze or secure the accounts, if necessary
6. Seek a Temporary Restraining Order (If Needed)
If co-heirs actively attempt to withdraw funds, you may petition the probate court for a temporary restraining order or injunction under the South Carolina Rules of Civil Procedure. This order prevents any transactions until a final hearing.
Key Statutes
- S.C. Code Ann. § 62-2-101 et seq. (Intestacy): https://www.scstatehouse.gov/code/T62c002.php
- S.C. Code Ann. § 62-3-502 (Who may petition): https://www.scstatehouse.gov/code/T62c003.php#62-3-502
- S.C. Code Ann. § 62-3-503 (Issuance of letters): https://www.scstatehouse.gov/code/T62c003.php#62-3-503
- S.C. Code Ann. § 62-3-506 (Bond requirements): https://www.scstatehouse.gov/code/T62c003.php#62-3-506
Disclaimer: This article provides general information about South Carolina probate procedures. It does not constitute legal advice. Consult a qualified attorney before acting on any legal matter.
Helpful Hints
- File the death certificate and will promptly to avoid delays.
- Carefully track deadlines for filing probate documents.
- Keep copies of all court filings and certified documents.
- Communicate your petition to co-heirs with proof of service.
- Consider hiring a probate attorney if disputes become complex.