Overview — what this FAQ covers

This FAQ explains the practical steps to ask a South Carolina probate court to appoint you as the personal representative (commonly called an “administrator”) when a person dies without a will. It covers who has priority, where and what to file, typical court requirements, the administrator’s duties, and when to get legal help.

Detailed answer: step‑by‑step process under South Carolina law

1. Confirm intestacy and identify the correct court

If the decedent left no valid will, the estate is intestate. Probate matters in South Carolina are handled in the Clerk of Court’s office in the county where the decedent was domiciled (their primary legal residence) at death. If you are unsure which county, check the decedent’s ID, bills, or property records.

2. Who has priority to be appointed?

South Carolina follows a priority system for appointing a personal representative. Typically, the following persons have priority (in general terms):

• Surviving spouse
• Children (or their descendants)
• Parents
• Siblings
• Other next of kin

If a higher priority person is willing and able, the court usually appoints that person. A sibling may be appointed when no spouse, surviving descendants, or parents are available, or if those persons refuse appointment. If multiple persons of the same priority class petition, the court may select among them or require them to agree.

3. Prepare and file a petition for appointment

To begin, file a petition with the Clerk of Court in the proper county. Typical filings include:

• A petition or application for letters of administration (the Clerk’s office usually has required forms).
• An original or certified copy of the death certificate.
• Information about the decedent’s heirs and their contact information.
• An estimate of estate assets and debts, if available.
• A proposed bond (see bonding below) and an application for appointment.

Clerks’ offices provide local filing instructions and probate forms. South Carolina Supreme Court forms and local clerk guidance are available from the state courts: SC Courts — Probate Forms.

4. Bond requirement and waivers

South Carolina often requires a fiduciary bond for an administrator unless the requirement is waived by law or by agreement of the interested parties. The amount of the bond depends on the estate’s value and local rules. Where all heirs or interested parties agree, they can sometimes waive the bond requirement so appointment proceeds more smoothly.

5. Notice, hearing, and issuance of letters

After filing, the Clerk will require notice to known heirs and may set a hearing. Some counties schedule a short appointment hearing where the Clerk reviews the petition, verifies priority, checks bond or waivers, and issues letters of administration (letters testamentary/letters of administration). Those letters formally empower you to act for the estate—collect assets, close accounts, and pay debts.

6. Duties of an administrator

Once appointed you must follow fiduciary duties and court rules. Common duties include:

• Inventorying estate assets and filing required inventories with the Clerk.
• Securing and managing assets (real property, bank accounts, personal property).
• Providing notice to creditors and dealing with claims.
• Paying valid debts, taxes, and administrative expenses from estate funds.
• Distributing remaining assets according to South Carolina’s intestacy laws.
• Filing final accountings and closing the estate in court when administration is complete.

7. How intestate property is distributed in South Carolina

When there is no will, South Carolina statutory rules determine how property passes to heirs. Generally, a surviving spouse and descendants share or receive the estate depending on which relatives survive. If no spouse or descendants survive, assets pass to parents, then siblings, and further kin. For the statutory framework, see South Carolina’s Wills, Trusts, and Administration statutes: S.C. Code Title 62 — Wills, Trusts, and Administration.

8. Timeline and costs

Timing varies by county and complexity. Simple appointments can be completed in a few weeks when documents are in order and all interested parties cooperate. Complex estates, disputes, or significant creditor claims can take months or years. Costs include court filing fees, bond premium (if bonded), publication and notice costs, and possible attorney fees.

9. When you should consider hiring an attorney

Consider legal help if any of the following apply:

• Disputes among heirs or competing petitions for appointment.
• Significant assets (real estate, business interests) or complex debts.
• Potential creditor claims, tax issues, or contested creditor disputes.
• If you are unsure about fiduciary duties, bond amounts, or accounting obligations.

Helpful hints — practical tips to make the process smoother

• Collect the decedent’s original death certificate from the funeral home early; the Clerk will require it.
• Create a clear list of known assets (bank accounts, real estate, retirement accounts, life insurance, safe deposit boxes) and approximate values.
• Locate and bring ID for yourself and any documents that show your relationship to the decedent (birth certificate, family records) to support your petition.
• Contact the county Clerk of Court’s probate office before filing to confirm required local forms, fees, and hearing schedules.
• If other potential administrators exist (siblings, parents, spouse), discuss appointment with them first. Agreement can avoid contested hearings and bonding costs.
• Keep careful records and separate estate funds from your personal accounts once you receive letters of administration.
• Use certified mail or other traceable methods when providing required notices to heirs and creditors.

Useful state resources

• South Carolina Code — Title 62 (Wills, Trusts, and Administration): https://www.scstatehouse.gov/code/t62.php
• South Carolina Courts — Probate forms and guidance: https://www.sccourts.org/forms/html.cfm?category=Probate
• Local county Clerk of Court — contact the Clerk in the county where the decedent lived for local filing steps and fees (search at your county government or the SC Courts website).

Disclaimer: This information is educational and general in nature and does not constitute legal advice. It is not a substitute for consulting an attorney about the specifics of your situation.