Year’s Allowance and Personal Property in South Carolina Estates

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

Detailed Answer

Under South Carolina law, a surviving spouse (and minor children) may claim a year’s allowance for support during estate administration. The year’s allowance calculation must consider all estate assets, including personal property. SC Code §62-2-701 establishes this allowance (SC Code §62-2-701).

To determine the year’s allowance, the personal representative must file an inventory of all estate assets within 60 days of appointment. This inventory must list both real and personal property, such as furniture, vehicles, jewelry, bank accounts, and investment accounts (SC Code §62-3-303).

By itemizing personal property, you ensure an accurate estate valuation and proper year’s allowance amount. Omitting assets can lead to a reduced allowance, administrative delays, or personal liability for the representative.

Key Requirements

• File a complete inventory within 60 days of appointment.
• Include a detailed description and estimated value for each item of personal property.
• Sign the inventory under oath before the probate court.
• Amend the inventory if you discover additional assets later.

Consequences of Omission

If you fail to list personal property:

• The court may deny or adjust the year’s allowance.
• The personal representative may face a surcharge for losses.
• Heirs or creditors could challenge the distribution.

Next Steps

Consult the probate court clerk for inventory forms. Consider hiring a probate attorney to guide you through the process and avoid mistakes.

Helpful Hints

• Keep detailed receipts and appraisals for valuable items.
• Photograph or video personal property to document condition and existence.
• Maintain clear records of bank statements and account balances.
• Review estate documents regularly for newly discovered assets.
• Communicate openly with beneficiaries about inventory details.