Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
Under South Carolina law, you determine venue for opening or transferring a decedent’s estate by applying the rules in SC Code Ann. §62-3-301. The county where you must file depends on the decedent’s domicile and property:
- Domicile at Death: If the decedent was domiciled in South Carolina when they died, file in that county’s Probate Court. “Domicile” means the place a person lives and intends to remain indefinitely.
- No In-State Domicile or Unknown: If the decedent had no known South Carolina domicile or was domiciled elsewhere, but owned real property in this State, file in the county where the real property lies.
- No Real Property: If the estate includes only personal property and the decedent had no South Carolina domicile, file in any county where personal property exists.
If someone begins probate in a county that lacks venue, any interested party may ask the court to transfer the case under SC Code Ann. §62-3-302. The court must transfer the proceeding to the proper county unless it finds good cause to retain jurisdiction.
Helpful Hints
- Confirm the decedent’s domicile by reviewing residency documents such as a driver’s license or voter registration.
- Search land records to locate any South Carolina real estate.
- Identify personal property (bank accounts, vehicles) and its location at the time of death.
- If you face uncertainty, contact Probate Court clerks in the most likely counties for guidance.
- To correct an improper venue, file a motion under the statute governing transfers.