Requesting an Extension to File a Final Accounting in South Carolina Probate

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

Detailed Answer

In South Carolina, a personal representative (formerly executor) must file a final accounting and petition for distribution under SC Code Ann. § 62-3-713 (Personal representative’s final account and petition for distribution). This statement summarizes receipts, disbursements, estate assets and liabilities before closing the estate.

1. Filing Deadline

There is no fixed statutory deadline, but courts generally expect the final accounting within one year of appointment or earlier if the estate is straightforward. Many local probate rules set specific timeframes, so check your county’s probate practice directions.

2. Reasons to Seek an Extension

• Complex investments or business interests remain to be valued
• Outstanding creditor claims or tax issues require resolution
• Significant property sales are pending
• Disputes among heirs necessitate additional time to reconcile accounts

3. Court’s Authority to Grant More Time

While the Probate Code does not list a detailed extension statute, the court has inherent authority to manage its docket and grant extensions in the interest of justice. The court may look to SC Code Ann. § 62-3-804 (Petition for discharge of personal representative) for general discharge procedures and consider an extension as part of that process:
SC Code Ann. § 62-3-804.

4. Steps to Request an Extension

1. Review local probate rules. Some counties provide a standardized motion form for extension requests.
2. Prepare a written motion or petition titled “Motion for Extension of Time to File Final Accounting.” Include:
   • Estate name and file number
   • Personal representative’s name
   • Original deadline for filing
   • Detailed reasons for delay and proposed new deadline
3. File the motion with the probate court clerk and pay any filing fee.
4. Serve the motion on all interested parties (heirs, creditors and devisees) in accordance with SC Code Ann. § 62-3-701 (Notice requirements):
   SC Code Ann. § 62-3-701.
5. Schedule a hearing if required by local rule. Attend the hearing prepared to explain why more time is necessary.
6. Obtain a written order granting your requested extension before the original deadline expires.

5. After the Extension Is Granted

• Update your calendar with the new deadline.
• Complete your accounting with accurate financial records.
• File the final accounting and petition for distribution by the extended date.

Helpful Hints

• Confirm the probate judge’s preferences by calling the clerk’s office.
• Gather all receipts, bank statements and creditor claims early.
• Explain any factual or administrative delays clearly in your motion.
• Serve everyone entitled to notice and keep proof of service.
• Check for local probate templates or forms to streamline filing.
• Keep records of any extensions granted for your file.