How South Carolina Probate Handles Unauthorized Charges to a Parent’s Estate — FAQ

Short answer: In South Carolina, the personal representative (executor or administrator) must collect estate assets, pay valid debts, and contest or recover unauthorized charges. If someone charges the estate without authority, the personal representative can reject claims, pursue restitution through probate or civil court, and beneficiaries can demand an accounting or ask the probate court to remove or surcharge the fiduciary. See South Carolina statutes on probate and fiduciaries: South Carolina Code, Title 62 (Probate, Estates & Fiduciaries).

Detailed answer — step by step

1. Who controls payment of bills after death?

Only the personal representative has authority to pay estate debts and distribute assets under South Carolina probate law (Title 62). The power of attorney ends when the person dies, so anyone who charges the decedent’s accounts after death usually lacks legal authority. The personal representative must locate assets, preserve them, and pay only valid claims.

2. How to spot unauthorized charges

Common unauthorized charges include new credit-card purchases, bank withdrawals, utility transfers, or caregiver billing after the date of death or outside any authorized estate administration. Review recent bank and credit card statements, check credit reports, and gather receipts and invoices. Preserve all original statements and communications.

3. Immediate actions the personal representative should take

• Notify financial institutions of the death and provide a death certificate copy. Freeze or close accounts if necessary to prevent further withdrawals.
• Publish or mail notice to creditors per probate procedures so claims come forward and can be evaluated. (See South Carolina probate law general rules: Title 62.)
• Prepare an inventory of estate assets and a list of any suspicious or disputed charges.
• Reject claims for unauthorized charges that are plainly invalid and document the reasons in the estate file.

4. Claim allowance and disputes

The personal representative decides whether to allow or reject creditor claims. If the representative rejects a claim, the claimant may file a lawsuit in probate or civil court to press the claim. Conversely, if the estate is charged improperly, the personal representative can file suit against the person who took the funds — for example, for conversion, breach of fiduciary duty, or unjust enrichment.

5. What beneficiaries can do

• Request a formal accounting from the personal representative. If accounting shows unauthorized charges, beneficiaries can petition the probate court to surcharge the fiduciary (make them repay the loss), remove the fiduciary for misconduct, or seek other relief.
• Ask the personal representative to pursue civil claims against the wrongdoer and, if needed, to refer apparent criminal conduct (theft or elder abuse) to law enforcement.
• If the personal representative refuses to act, beneficiaries may file a petition directly in probate court asking the court to compel action or to appoint a successor representative.

6. Possible remedies

• Recovery of funds to the estate via a civil suit (conversion, breach of fiduciary duty, unjust enrichment).
• Surcharge of the personal representative if they improperly paid or failed to stop unauthorized charges.
• Removal of the personal representative for misconduct or incompetence and appointment of a successor.
• Criminal referral if theft, fraud, or elder abuse is suspected.

7. Timelines and deadlines

South Carolina law sets procedures for notice to creditors and for when claims should be presented; the personal representative should follow those statutory steps closely. For specific filing deadlines and procedures, consult the probate statutes in Title 62 and the probate court in the county where the estate is being administered. Acting quickly preserves estate rights and evidence.

8. Typical evidence and documentation you’ll need

• Death certificate.
• Bank and credit card statements before and after death.
• Account signatures, power of attorney documents (to show authority ended), and any estate or trust documents.
• Invoices, canceled checks, fund transfer records, and communications with the alleged wrongdoer.

9. Example hypothetical

Hypothetical: Your parent dies on April 1. On April 10, a caregiver withdraws $5,000 from your parent’s checking account and bills for “post-death care.” The executor learns of the withdrawal when preparing the inventory. The executor notifies the bank, reverses improper transfers where possible, rejects any bill that lacks a valid pre-death agreement, and files a claim against the caregiver in probate for restitution. The executor also reports suspected theft to law enforcement and provides an accounting to beneficiaries. If the executor fails to act, a beneficiary petitions the probate court to compel recovery and to surcharge the executor if they neglected their duties.

Helpful Hints

• Act quickly: preserve statements and freeze accounts where appropriate.
• Do not confront suspected wrongdoers in ways that might destroy evidence. Gather documentation first.
• Ask the personal representative for a written accounting and a copy of estate notices to creditors.
• If you are a beneficiary and the personal representative will not act, file a petition in probate court asking the court to require action, surcharge, or remove the fiduciary.
• Consider both civil remedies (recovery of funds) and criminal referral for theft or elder abuse.
• Keep careful records of all communications and copies of every statement you obtain.
• Contact a probate or estate attorney if you need help interpreting the statutes or filing court petitions.