Detailed Answer
Under South Carolina law, a wrongful death claim resulting from a car accident must be filed by the decedent’s personal representative. See SC Code Ann. § 15-51-10. Without a personal representative, the court lacks jurisdiction to hear the case.
To appoint a personal representative, you must open probate in the county where the decedent lived. Probate follows the South Carolina Probate Code, Title 62, Chapter 3. The probate court issues Letters Testamentary (if there is a valid will) or Letters of Administration (if there is no will). The appointed personal representative then holds legal authority to pursue the wrongful death claim on behalf of the estate.
South Carolina also provides a narrow exception if no personal representative files for probate within six months of the decedent’s death. An interested party (such as a surviving spouse or child) may petition the court to act as a temporary personal representative solely to bring the wrongful death action. See SC Code Ann. § 15-51-20. This route requires court approval and strict adherence to procedural rules.
Remember, South Carolina sets a three-year statute of limitations for wrongful death actions. You must file suit within three years of the date of death. See SC Code Ann. § 15-3-530.
Helpful Hints
- Open probate promptly. Delays may cost you your right to sue.
- Locate and review the decedent’s will and death certificate.
- Work with a probate or wrongful death attorney to navigate court procedures.
- Track all deadlines: six-month appointment for a personal representative and three-year filing limit.
- Keep beneficiaries and heirs informed throughout the process.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in South Carolina regarding your specific situation.