Detailed Answer
When you need estate records—such as bank statements, deeds, or beneficiary lists—South Carolina law lets you use a court-ordered subpoena to compel production. Under S.C. Code Ann. Title 15, Chapter 5 (Civil Remedies – Subpoenas) and the South Carolina Rules of Civil Procedure (Rule 45), you may request a subpoena from the probate or circuit court handling the estate. Here’s how:
- Identify the records and custodian. List exactly what documents you need and who holds them (e.g., a bank or title company).
- Draft the subpoena. Use the court’s standard form. Include the case name, docket number, date, time, and place for production. Specify documents, not general categories.
- File a motion for subpoena. In the probate court handling the estate, file a motion or petition asking the judge to issue the subpoena. Cite S.C. Code Ann. Title 62, Chapter 3 (Administration of Estates) if necessary. Attach your proposed subpoena.
- Obtain the judge’s signature. Once granted, the court clerk issues the subpoena. It carries the court’s seal and judge’s signature.
- Serve the subpoena. Have a non-party over 18 personally serve the custodian of records. Provide necessary witness fees and mileage under Rule 45.
- Handle objections or motions to quash. The custodian may object within 14 days. If they file a motion to quash or modify, you must respond and attend a hearing.
- Receive and review documents. On the return date, the custodian must produce the records or file objections. Review for completeness and file them with the court if required.
- Use records in estate proceedings. Submitted documents become part of the probate record. You may file motions or notices based on the information obtained.
Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Start early. Subpoena service and objection periods take time.
- Be precise. Overbroad requests invite motions to quash.
- Check fees. Courts require witness fees and mileage for subpoenas.
- Keep copies. Maintain a full record of subpoenas, proofs of service, and returns.
- Consider confidentiality. Some estate records may be sealed; you’ll need a separate order to unseal them.