Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In South Carolina, an estate administrator (also known as a personal representative) must collect assets, pay valid debts and expenses, and distribute the remaining property to beneficiaries according to the will or state law. Under SC Code Section 62-3-803, an administrator “shall pay legacies and distribute the estate to the persons entitled thereto as soon as practicable.” If an administrator delays or refuses to distribute your share, you have several options:
- Review the status of administration: Request a copy of the estate inventory, accountings, and any proposed distribution plan filed in probate court. South Carolina probate courts require regular accountings under SC Code Section 62-3-703.
- File a petition to compel distribution: You may petition the probate court to issue an order requiring the administrator to distribute assets. The court will review the administrator’s accountings and can order immediate payment if the estate has sufficient funds.
- Seek removal of the administrator: If the administrator neglects duties or commits misconduct, you can petition the court for removal under the South Carolina Probate Code.
- Pursue a breach of fiduciary duty claim: Administrators owe beneficiaries a fiduciary duty. If you suffer losses or suspect mismanagement, you can file a separate civil action against the administrator for breach of duty.
To start, file the appropriate forms with the probate clerk in the county where the estate is open. Serve notice on all interested parties. The court will schedule a hearing, and the administrator must show cause for any delay. If they fail, the judge may order immediate payment and impose sanctions.
Helpful Hints
- Gather key documents: will, letters of administration, inventory, accountings, and death certificate.
- Keep written records of your communications with the administrator.
- Meet deadlines: South Carolina generally allows four years to contest a will, but prompt action speeds distribution.
- Consider mediation if family members disagree on distributions.
- Consult a probate attorney to guide you through court procedures.