Detailed Answer

In South Carolina probate proceedings, the personal representative must notify both known and unknown creditors to allow them to present claims against the estate. The rules appear in S.C. Code Ann. § 62-3-806 and § 62-3-807.

Identifying and Notifying Known Creditors

The personal representative should compile a list of all known creditors, including medical providers and debt collectors. Within ten days of qualification, the representative must send each known creditor a written notice by registered or certified mail. This notice must include the estate’s case number, the representative’s contact information, and the deadline to file a claim—generally nine months from the date of appointment.

Publication Notice to Unknown Creditors

If a creditor’s identity or address is unknown, the representative must publish a notice once a week for three consecutive weeks in a newspaper of general circulation in the county where the probate is filed. The first publication must occur within ten days of appointment. This public notice informs unknown creditors to present claims within three months after the first publication date.

Filing Deadlines

• Known creditors—must file within nine months from the date the personal representative qualifies (§ 62-3-806).
• Unknown creditors—must file within three months after the first publication date of the notice (§ 62-3-807).

Medical Debt Collectors

Medical debt collectors qualify as creditors. They must receive the same notice as other known creditors. If the collector’s address is unknown, they rely on the published notice. Collectors who miss the deadline may lose the right to enforce their claim against estate assets.

Consequences of Improper Notice

Failing to give proper notice can lead to disallowance of valid claims. A court may hold the personal representative personally liable for claims not properly notified.

Statutory References

• S.C. Code Ann. § 62-3-806 – Notice to known creditors and time to present claims.
• S.C. Code Ann. § 62-3-807 – Notice by publication and time for unknown creditors.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your situation.

Helpful Hints

• Start the creditor list early to identify all potential claimants.
• Keep proof of mailing for all notices to known creditors.
• Verify newspaper publication is in compliance with county rules.
• Track filing deadlines on a calendar to avoid missing dates.
• Consult the probate court clerk for local procedures and approved newspapers.