Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer: How to Apply for Letters of Administration in SC
When someone dies without a valid will in South Carolina, their estate is intestate. The probate court appoints an administrator through letters of administration. Under SC Code § 62-3-201, you start by filing a petition in the county probate court where the decedent lived.
Required AOC Forms for Letters of Administration
- Petition for Letters of Administration (Form AOC-P-410)
- Notice to Creditors (Form AOC-P-412)
- Oath of Personal Representative (Form AOC-P-414)
- Bond for Letters of Administration (Form AOC-P-416) and Consent of Surety (Form AOC-P-417), unless waived under SC Code § 62-2-402
- Letters of Administration (Form AOC-P-420)
Step-by-Step Process
- File the Petition: Complete Form AOC-P-410. Include the decedent’s full name, date of death, last residence, heirs’ names and addresses, and an estimated estate value.
- Notify Creditors: Use Form AOC-P-412 to publish notice or personally serve known creditors within 30 days, per SC Code § 62-3-708.
- Oath and Bond: Submit Form AOC-P-414 (Oath) and Form AOC-P-416 (Bond) with Form AOC-P-417 (Consent of Surety) as required.
- Pay Fees and Receive Letters: Pay the court’s filing fee. After review, the judge issues certified Letters of Administration on Form AOC-P-420. These letters empower you to manage assets, pay debts, and distribute property.
Helpful Hints
- Obtain a certified death certificate early to avoid filing delays.
- Compile a complete list of heirs and their contact information before you file.
- Check the county probate court’s fee schedule—costs vary by county.
- Gather property appraisals or account statements to support your estimated estate value.
- If the estate includes real estate, complex assets, or potential disputes, consider consulting an attorney.
- Access all probate forms on the South Carolina Judicial Department’s website: sccourts.org/forms.