Detailed Answer
Managing estate administration in South Carolina when assets span multiple counties—or even other states—requires careful planning, proper filings and coordination with each jurisdiction’s probate court. Follow these steps to streamline the process under South Carolina law.
1. Open Probate in the Decedent’s Home County
Under South Carolina Code Ann. 62-2-201, you must file a petition for probate in the probate court of the county where the decedent was domiciled at death. The court issues letters testamentary (if there is a will) or letters of administration (if no will). These letters grant the personal representative legal authority to gather and distribute estate assets.
2. Inventory and Value Assets
Within 90 days of appointment, the personal representative must file an inventory of all estate assets, including real property, bank accounts, investments, personal property and vehicles. This requirement appears in South Carolina Code Ann. 62-3-401. For real estate, include parcel numbers and county tax information.
3. Handle Real Property in Other Counties
For South Carolina real estate located outside the home county, file ancillary probate proceedings in each county’s probate court. Submit a certified copy of the letters of administration and a death certificate. The ancillary court will appoint the same personal representative to act locally. This process creates clear title when distributing or selling out-of-county real property.
4. Manage Out-of-State Assets
If the decedent owned real or personal property in another state, you must open ancillary probate in that jurisdiction. Each state has its own rules for ancillary administration or simplified procedures. Consult that state’s probate statutes or seek local counsel to ensure compliance.
5. Pay Debts, Taxes and Expenses
Notify known creditors and publish notice to unknown creditors per South Carolina Code Ann. 62-3-803. Before distributing assets, pay valid claims, final medical and funeral expenses, and estate administration costs. File federal and state estate or inheritance tax returns if the estate exceeds filing thresholds.
6. Distribute Remaining Assets
After debts and expenses clear, distribute remaining assets according to the will or South Carolina intestacy rules (South Carolina Code Ann. 62-2-101). For property in multiple counties, coordinate deeds or title transfers in each county’s register of deeds office.
Helpful Hints
- Obtain multiple certified death certificates early; you’ll need copies for each ancillary court, bank and title office.
- Keep a clear asset list noting location and county. Update the probate court and beneficiaries.
- Hire a local attorney in each jurisdiction if you face complex filing requirements or unclear asset titles.
- Consider bond requirements: some courts require a probate bond for the personal representative, especially in ancillary proceedings.
- Track filing deadlines: probate, creditor notice periods and tax return deadlines vary by jurisdiction.
Disclaimer: This article is for educational purposes only and is not legal advice. For guidance specific to your situation, consult a qualified attorney.