Detailed Answer

When a person dies in South Carolina, their assets pass through probate—a court-supervised process. The goal is to pay valid expenses and creditor claims before any distribution to heirs. Below are the key steps under South Carolina law:

1. Appointment of a Personal Representative

The probate court appoints a personal representative (sometimes called an executor) under SC Code Ann. §62-3-201. This individual gathers assets, notifies heirs, and handles debts.

2. Inventory and Appraisal of Estate Assets

Within 90 days of appointment, the personal representative must file an inventory and appraisal of all probate assets as required by SC Code Ann. §62-3-515. This list establishes the estate’s value and ensures transparency.

3. Notice to Creditors

To give creditors a chance to assert claims, the personal representative must publish a Notice to Creditors in a local newspaper within two months of appointment (SC Code Ann. §62-3-809). They must also mail written notice to known creditors.

4. Presentation and Allowance of Claims

Creditors have 10 months from the decedent’s death to file claims in the probate court (SC Code Ann. §62-3-801). The personal representative examines each claim and either allows or contests it. Allowed claims become liabilities of the estate.

5. Payment of Estate Expenses and Allowed Claims

The personal representative must pay funeral expenses, administration costs, taxes, and all allowed creditor claims from the estate’s assets. South Carolina law ranks debts in the following order:

• Funeral and last illness expenses
• Administrative expenses (court, attorney fees)
• Taxes owed by the estate
• Other allowed debts

6. Final Accounting and Distribution

After debts and expenses are paid, the personal representative files a final accounting. Once the court approves it, remaining assets pass to heirs or beneficiaries per the will or state intestacy laws (SC Code Ann. §62-3-1001).

7. Small Estate Procedure

If the estate’s value (excluding real property) is under $25,000 or there’s no real property, beneficiaries may use a simplified affidavit procedure (SC Code Ann. §62-3-501). This process skips formal probate but still requires payment of debts before distribution.

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Helpful Hints

• Act quickly: Filing notices and inventories on time protects the estate from undiscovered claims.
• Keep accurate records: Detailed ledgers of payments and communications avoid disputes.
• Communicate with heirs: Transparency reduces conflict and speeds up distribution.
• Consider bonding: Creditors may require the personal representative to post a bond for additional protection.
• Consult probate guides: The South Carolina Judicial Department publishes resources for personal representatives.