Detailed Answer
When someone dies without a valid will (intestate) in South Carolina, the probate court appoints an administrator to manage and distribute the estate. A potential heir can petition to serve in this role by following the procedures set out in the South Carolina Probate Code (Title 62).
1. Determine Heir Priority
Under SC Code § 62-2-310, the court awards Letters of Administration in this order of priority: spouse, children, parents, siblings, and other next-of-kin. To qualify, a petitioner must fall into one of these categories. See SC Code § 62-2-310: https://www.scstatehouse.gov/code/t62c002.php#62-2-310
2. File a Petition for Letters of Administration
The potential heir files a petition in the probate court of the county where the decedent resided. The petition should include:
- The decedent’s full name and date of death
- The petitioner’s name and relationship to the decedent
- A list of all known heirs
- An estimated value of the decedent’s assets
3. Serve Notice and Post Bond
After filing, the court issues notice to all other potential heirs. The petitioner usually must post a bond to protect the estate against mismanagement. South Carolina law requires this bond unless waived by all interested parties. See SC Code § 62-2-607: https://www.scstatehouse.gov/code/t62c002.php#62-2-607
4. Court Hearing and Issuance of Letters
At the hearing, the judge reviews the petition, verifies the petitioner’s priority, and confirms no higher-priority heir opposes the appointment. If approved, the court issues Letters of Administration. The administrator then collects the decedent’s assets, pays valid debts, and distributes the remainder according to South Carolina’s intestate succession rules (Title 62, Chapter 3). See SC Code Title 62, Chapter 3.
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Gather proof of your relationship (e.g., birth certificate, marriage license).
- Identify all potential heirs early to prevent disputes.
- Obtain a professional appraisal for valuable assets to set an accurate bond.
- File your petition in the county where the decedent lived at death.
- Consider hiring an estate attorney if the estate includes complex assets or creditor claims.