Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under South Carolina law, a personal representative must prepare and file accountings with the probate court but does not automatically mail copies to all interested persons unless a court hearing is scheduled or the court orders it. Key rules include:
- Filing Requirements: Per SC Code § 62-3-805, the personal representative must file an inventory and appraisal within 90 days of appointment (Title 62, Chapter 3).
- Annual and Final Accountings: The representative must file an initial accounting within one year of appointment and annual accountings thereafter until final discharge (SC Code § 62-3-810).
- Service on Interested Persons: If a hearing is set to approve an accounting, the representative must serve a copy on each interested person at least 10 days before the hearing (SC Code § 62-3-805(C)).
- Right to Inspect Court Files: All filings, including inventories and accountings, are part of the public record. Any interested person may request copies from the probate clerk at no more than the clerk’s copying fee.
- Petitioning for an Accounting: If you are an interested person (e.g., beneficiary, creditor), you may petition the court to compel an accounting at any time (SC Code § 62-3-904).
In practice, beneficiaries often ask the personal representative directly for a copy. If the representative refuses, you can:
- Obtain the filed accounting from the probate clerk’s office.
- File a formal petition for an accounting under SC Code § 62-3-904.
- Request the court to order the representative to deliver copies to all interested persons.
Helpful Hints
- Review the probate court’s fee schedule for copying and certification costs.
- Keep records of all requests you make in writing to the personal representative.
- If you receive an accounting, compare it against the prior inventory to verify assets and expenses.
- Attend the hearing where the accounting is approved to raise questions on record.
- Consider consulting a licensed South Carolina probate attorney if you suspect mismanagement.