Detailed answer — what to expect and the usual steps

When a parent dies without a will in South Carolina, their property does not automatically become the children’s property. You must use the probate process (or another court process) to clear title and record ownership in you and your siblings’ names. Below is a practical, step‑by‑step explanation of how that normally works under South Carolina law.

1. Confirm there is no valid will and get several certified death certificates

Ask family members and the decedent’s attorney (if any) whether a will exists. Obtain multiple certified copies of the death certificate from the funeral home or the vital records office — many agencies and the Register of Deeds will require certified copies.

2. Identify how the house is titled right now

Check the deed at the county Register of Deeds where the property sits. If the deed lists the parent as sole owner, the house must pass under intestate succession rules or by court order. If the deed shows joint tenancy with right of survivorship or a transfer-on-death designation, the property may transfer outside probate according to the deed language.

3. Open an intestate probate case (if the property is solely in the decedent’s name)

To transfer real property owned solely by the decedent, someone (usually a spouse or an adult child) must petition the probate court to be appointed as the personal representative (sometimes called administrator) of the estate. The probate court supervises administration, issues letters of administration, and — after debts are handled and assets accounted for — approves distribution of property to heirs.

South Carolina’s probate rules are in the South Carolina Probate Code (Title 62). For an overview of the Code see: S.C. Code Title 62 (Probate). For local procedures contact the clerk of the probate court in the county where the decedent lived.

4. The court appoints an administrator and issues letters of administration

Once the court appoints an administrator, that person receives official documents (letters) showing their authority to act for the estate. Only with these letters can the administrator sign a deed or other documents to transfer title to heirs, pay claims, and manage estate bank accounts.

5. Inventory, pay debts/taxes, and prepare to distribute the house

The administrator inventories assets (including the house), gives notice to creditors, pays valid claims and any estate taxes or property taxes, and follows the court’s procedures for distributing the remaining assets to the heirs. The administrator will either transfer the property directly to the heirs by deed approved or prepared under the court’s authority or the court will enter an order directing distribution and the administrator will record a deed conveying the property.

6. Recording the deed so the heirs hold title

After distribution is authorized, the administrator executes a deed (often called a personal representative’s deed or administrator’s deed) that transfers the house to the heirs. The deed must be properly prepared, signed, and recorded at the county Register of Deeds where the property is located to clear title.

7. Alternatives and special situations

• Simplified/small‑estate procedures: South Carolina provides limited simplified or small‑estate procedures for some personal property and for collecting assets without full formal administration. Those procedures are generally not used to transfer real property (land/house). Check Title 62 for small‑estate provisions or ask the probate clerk if your situation qualifies.
• Joint owners or beneficiary designations: If the house was owned jointly with right of survivorship, or if there was a valid transfer on death deed or other beneficiary designation, those mechanisms may allow transfer without probate.
• Spouse surviving: If the decedent is survived by a spouse, South Carolina’s intestacy rules determine the spouse’s and children’s shares. The probate court applies those rules when distributing the estate.
• Disagreements or refusals to cooperate: If heirs cannot agree, you may need a partition action or the court’s help to force sale or divide proceeds.

8. Practical timeline and costs

Informal estates with cooperative heirs and no creditor issues can often be closed in a few months, but contested estates or ones that must be probated formally can take a year or more. Expect court filing fees, costs for certified copies of the death certificate, possible attorney fees (if you hire one), and recording fees for deeds at the Register of Deeds.

9. How to get help

If you are uncertain how the title is held, if the estate owns other assets or debts, or if heirs disagree, consult a South Carolina probate attorney or contact the probate clerk in the county where the decedent lived. The county Register of Deeds can confirm current title records and recording requirements for deeds.

Helpful Hints

• Gather documents first: certified death certificate(s), the property deed, mortgage statements, tax bills, bank account statements, and any correspondence the decedent had with attorneys.
• Search for a will and check mail, safe deposit boxes, and the decedent’s files. If you find a will, probate follows the will rather than intestate rules.
• Talk to the county probate clerk before you file. Clerks can explain the local forms and basic filing steps (but cannot give legal advice).
• Do not sign paperwork that attempts to transfer the house until the administrator or the court authorizes it — otherwise the transfer may not be valid.
• If all heirs agree and you want to avoid a long process, ask the administrator or an attorney about preparing an administrator’s deed for a fast recording once the court approves distribution.
• If mortgage or tax bills exist, continue paying them to avoid foreclosure or tax liens; contact mortgage servicer to inform them of the death and ask about options.
• If you anticipate a dispute, talk to a probate attorney early. A short attorney consultation often prevents expensive fights later.