Disclaimer: This article provides general information under South Carolina law and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.
Detailed Answer
Under South Carolina Code Section 62-3-812, a creditor’s claim against an estate is barred if not presented within two years of the personal representative’s appointment, provided the estate gave proper notice to creditors under Section 62-3-817. To verify that notice requirements were satisfied in the original estate, a client should take the following steps:
- Obtain the Probate File. Visit the probate court clerk’s office in the county where the estate was administered. Request certified copies of all filings in the estate docket, especially:
- Letters testamentary or of administration (proof of appointment date).
- Petition and order authorizing notice to creditors.
- Affidavit of publication of notice.
- Affidavits or certificates of mailing to known creditors.
- Review Publication Proof. Under S.C. Code Ann. § 62-3-817(A), the personal representative must publish notice once a week for three consecutive weeks in a newspaper of general circulation within ten days of appointment. In the probate file you should find an affidavit of publication bearing the newspaper’s masthead, publication dates, and the publisher’s or printer’s signature. If that affidavit exists, it shows compliance with Section 62-3-817(A).
- Review Personal Notice Proof. Section 62-3-817(B) requires mailed notice to all known or reasonably ascertainable creditors within three months of appointment. The file should include:
- A list of creditors with addresses.
- Certified mail return receipts or affidavit of mailing.
Proof of mailing confirms that the estate complied with the personal notice requirement.
- Check Timing Against Appointment Date. Confirm that:
- Publication began within ten days of the appointment date shown in the letters.
- All known creditors received mailed notice within three months.
Proper timing triggers the two-year limitation under S.C. Code Ann. § 62-3-812(2).
- Confirm No Additional Extensions or Claims. If the personal representative filed a final accounting or a petition for distribution, check whether the court granted any extensions or if any creditor petitions arose after notice. Absence of such filings suggests the estate closed without further creditor activity.
When you verify those elements—proper publication, personal notice, and timing—you can confidently rely on the two-year bar against late creditor claims.
Helpful Hints
- Search the local newspaper archives (often available online or at the county library) to double-check publication dates.
- Request a docket sheet printout to see all entries and filings at a glance.
- Consult a probate attorney to interpret ambiguous records or address missing proof.
- Compare creditor lists with the decedent’s financial records to ensure no known creditor was omitted.
- Remember: missing or defective proof of notice may revive a creditor’s right to present a claim beyond two years.