Detailed Answer
To open an estate in South Carolina, you generally must file a certified death certificate with the probate court. Under S.C. Code Ann. § 62-3-301, a certified death certificate serves as primary proof of a decedent’s death.
If the death certificate is not yet available, you can request a delayed certificate from the Department of Health and Environmental Control (DHEC) under S.C. Code Ann. § 44-29-10 et seq.. That process may take several weeks.
Meanwhile, probate courts sometimes accept secondary evidence—such as an obituary, funeral home records, or sworn affidavits—to establish death. You must file a petition explaining why the official certificate is unavailable, attach your alternative evidence, and ask the court to accept it. A newspaper or online obituary alone rarely suffices, but combined with affidavits from persons with direct knowledge (for example, a funeral director or family member), it can help persuade the judge to allow you to open the estate.
Example:
Jane Doe died overseas. No death certificate has arrived. She files her probate petition in Charleston County, attaches a copy of the published obituary, and includes sworn statements from her local funeral home and two witnesses who attended the memorial service. The probate judge reviews the filings and issues an order permitting estate administration while Jane pursues a delayed certificate from DHEC.
Helpful Hints
- Contact DHEC to order or request a delayed death certificate.
- Prepare a formal petition explaining why you lack a certificate.
- Gather affidavits from funeral directors or direct witnesses.
- Include an obituary copy from the newspaper or a reputable website.
- Check with your local probate court for any additional rules.
- Track your delayed certificate application to avoid delays.
Disclaimer: This information is for educational purposes only. It does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation.