Detailed Answer — When probate is required in South Carolina (SC) with no will

When someone dies without a will (called “intestate”), South Carolina law provides rules that decide who inherits the decedent’s property and how that property is transferred. Whether you must open a probate case depends on the type of assets the deceased owned and how those assets are titled.

Key rule: probate is required for assets that cannot pass automatically

Probate administration is generally required for property that is solely in the decedent’s name and does not have a beneficiary designation or a right-of-survivorship title. Examples where probate is commonly required:

• Bank accounts, investment accounts, or real estate titled only in the decedent’s name with no payable-on-death (POD) or beneficiary designation.
• Real property held as tenants in common (no automatic survivorship).
• Personal property (cars, household goods, collectibles) that must be legally transferred to heirs.

When probate may not be required

You likely do NOT need probate when most or all assets pass outside probate. Common situations that avoid probate:

• Accounts or policies with a named beneficiary (life insurance, IRAs, 401(k)s, bank POD accounts).
• Assets owned jointly with right of survivorship (title transfers automatically to the surviving co-owner).
• Assets held in a revocable living trust.
• Small estates that qualify for a simplified transfer process under South Carolina law or via a small‑estate affidavit or simplified probate procedure.

How intestacy works and who acts for the estate

If no will exists, South Carolina’s intestacy rules determine heirs and the share each receives. The court appoints a personal representative (sometimes called an administrator or executor) to manage the estate, pay debts and taxes, and distribute assets. These rules and the probate procedures are found in the South Carolina Code of Laws, Title 62 (Probate, Decedents’ Estates, Trusts and Fiduciaries):
S.C. Code Title 62.

Practical steps and timeline

When you suspect probate is needed, take these steps:

1. Gather documents: death certificate, account statements, deeds, insurance policies, and any evidence of beneficiary designations.
2. Check account titles and beneficiary designations — those determine whether assets pass outside probate.
3. Contact the probate court clerk in the county where the decedent lived to learn local filing requirements and forms.
4. If probate is necessary, file a petition to open an estate. The court will appoint a personal representative and issue letters of administration authorizing that person to act for the estate.
5. Notify creditors and handle debts and taxes before distributing assets to heirs per the intestacy rules.

Small estates and simplified procedures

South Carolina law provides simplified procedures for some small estates and other limited transfers. These procedures can avoid full probate, but the availability and the requirements depend on the value and type of assets. Contact the county probate court or review resources from the South Carolina Judicial Branch for details: South Carolina Judicial Branch.

When to consider hiring an attorney

Consider legal help if the estate has any of the following:

• Real estate, business interests, or complicated investments.
• Multiple heirs with potential disputes or unclear family relationships.
• Significant debts, creditor claims, or potential tax issues.
• Unknown beneficiaries or missing heirs.

An attorney can explain whether opening probate is necessary, whether a simplified procedure applies, and how intestacy rules will apply to specific family situations.

Relevant law (overview): South Carolina’s probate and intestacy statutes and procedures are located in Title 62 of the South Carolina Code of Laws. For the statutes and official text see: https://www.scstatehouse.gov/code/t62.php.

Disclaimer: This article explains general principles of South Carolina law and is for informational purposes only. It is not legal advice. For advice about a specific situation, consult a licensed South Carolina attorney.

Helpful Hints — What to do next if someone dies without a will in South Carolina

• Look for a will first. Check the decedent’s papers, safe deposit box, lawyer files, and email.
• Order several certified copies of the death certificate — banks and agencies will request them.
• Make an inventory of all assets and note how each is titled (individual, joint, TOD/POD, beneficiary designated).
• Contact financial institutions to learn their requirements for transferring or accessing accounts.
• Visit or call the county probate court clerk where the decedent lived to ask about small‑estate procedures and required forms.
• Keep a file of notices, letters, and creditor communications. Deadlines for creditors can be strict.
• If heirs disagree or assets are complex, consult a probate attorney early to avoid delays and disputes.