Detailed Answer
Under South Carolina law, when a personal representative sells estate real property, heirs can streamline the post-sale process by signing specific authorization forms. These forms allow the personal representative to distribute sale proceeds without additional court proceedings.
1. Consent to Sale of Real Property
Before selling, the personal representative usually petitions the probate court under SC Code §62-2-702 for authority to sell estate real property. If all devisees or heirs consent to the sale terms, each signs a Consent to Sale of Real Property. This consent can replace formal court notice or hearing requirements (SC Code §62-2-702).
2. Waiver of Notice of Final Accounting and Demand for Hearing
After closing, the personal representative prepares a final accounting outlining gross proceeds, allowable expenses, creditor claims and net distributable funds. Under SC Code §62-3-811(b), heirs sign a Waiver of Notice of Final Accounting and Demand for Hearing to consent to distribution without formal notice or a court hearing (SC Code §62-3-811).
3. Receipt of Distribution and Release
When the personal representative distributes funds, each heir signs a Receipt of Distribution and Release. This document confirms the heir has received their share and releases the personal representative from further liability regarding these proceeds. While not prescribed by statute, this form is standard to prevent future disputes.
4. Disclaimer of Interest (Optional)
If an heir chooses not to accept their share, they may execute a Disclaimer of Interest under SC Code §62-2-502. This form redirects the disclaimed share according to the will’s terms or intestacy rules (SC Code §62-2-502).
Helpful Hints
- Review county probate court rules for required form templates and notarization guidelines.
- Ensure each heir signs and dates forms in the presence of a notary public when required.
- If an heir is a minor or legally incapacitated, a court-appointed guardian or conservator must sign on their behalf.
- Keep certified copies of all executed documents in the estate file and lodge originals with the probate clerk.
- Consult a probate attorney to verify you’re using the correct forms for your county and case-specific circumstances.