Detailed Answer
If someone died owning property or other assets in South Carolina but executed their will in another state, the will can usually be admitted to probate in South Carolina so local assets can be transferred. How long that takes depends on a few predictable steps and several case-specific factors.
Basic steps the court will follow
- File a petition with the probate court in the county where the decedent owned property or was domiciled in South Carolina.
- Submit the original will or an authenticated copy, a certified death certificate, and required filing forms.
- Provide notice to beneficiaries and heirs (and sometimes publish notice to creditors).
- The court reviews the paperwork, confirms the will’s authenticity or prior probate, and may hold a short hearing.
- If everything is in order and the will is uncontested, the court issues “letters” to the personal representative (executor) so they may collect and distribute South Carolina assets.
South Carolina’s statutes that govern probate and related notice requirements are found in Title 62 of the South Carolina Code of Laws. For general statutory guidance, see: South Carolina Code, Title 62 — Probate, Estates and Fiduciaries.
Typical timelines (uncontested, with common scenarios)
- Simple admission of an out-of-state will (original available; beneficiaries cooperative): often 4–12 weeks from filing to issuance of letters. This covers clerical processing, required notices, and a short waiting period for objections.
- If the will already was probated in the other state and you can file an exemplified (authenticated) probate record here, admission is usually faster — commonly 2–6 weeks — because the prior proceeding removes much of the fact-finding.
- Ancillary probate only for South Carolina assets (decedent domiciled elsewhere): similar to the above, but expect extra time to marshal out-of-state documentation and obtain authenticated copies — commonly 4–16 weeks.
Common reasons the process can take longer
- Contested wills or objections by heirs. Contests can add months or years depending on complexity and discovery needs.
- Missing original will. If the original cannot be produced, the court may require additional proof of authenticity and testimony from witnesses, which lengthens the schedule.
- Witnesses located out of state. Depositions or travel for testimony add time and logistics.
- Complex estate assets (real estate, business interests, retirement or out-of-state accounts) or tax issues. These increase document assembly, valuation, and review time.
- County differences. Processing speed and scheduling vary by county and by the court’s current caseload.
Hypothetical example
Suppose a person executed a valid will in North Carolina but died owning a house in Charleston, SC. If you have the original will, certified death certificate, and beneficiaries do not object, you could expect the South Carolina probate court to admit the will and issue letters to the appointed personal representative in roughly 1–3 months. If the will was previously probated in North Carolina and you submit an authenticated exemplified record, the Charleston clerk may admit the foreign probate record and issue letters in a matter of a few weeks.
Practical steps to move things faster
- Locate and bring the original will to the probate filing whenever possible.
- Obtain a certified copy of the death certificate before filing.
- If the will was already probated elsewhere, get an exemplified (authenticated) copy of that probate record from the foreign court.
- Prepare a simple inventory of South Carolina assets and their locations to show the court why local probate is needed.
- Work with a South Carolina probate attorney or a clerk who can confirm local filing requirements and forms.
For statutory procedures and specific notice or filing rules, review the South Carolina Code, Title 62: https://www.scstatehouse.gov/code/t62.php.
Helpful Hints
- Bring the original will whenever you can; courts prefer originals over copies.
- If the original is out of state, start by requesting an authenticated copy or exemplified probate record from the other state’s court.
- Expect administrative variations by county — call the county probate clerk before your visit to confirm forms, fees, and hours.
- If heirs live in multiple states, get clear contact information and provide required notices promptly to avoid delays.
- Ask whether the estate requires ancillary probate only (to transfer SC assets) or full probate in South Carolina — the answers affect timeline and paperwork.
- Keep in mind that contested matters, complex assets, or missing documents commonly extend timelines beyond the usual estimates.
- Consult a South Carolina probate attorney if you expect disputes, large estate tax questions, or if witnesses and evidence are located out of state.
- Document all filings, service of notices, and communications with the court to reduce administrative setbacks.
Disclaimer: This article is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed South Carolina attorney who handles probate and estate matters.