Detailed answer (what to expect and the step‑by‑step process)

South Carolina administers decedents’ estates under the state Probate Code (Title 62). The state provides streamlined or limited procedures for small estates, but the exact process and the powers a court gives a limited personal representative can vary by county and by the estate’s assets. Below are practical steps and what usually happens at each stage.

1. Confirm the estate qualifies for a small‑estate or limited administration process

Start by gathering basic information about the decedent’s assets and debts: bank accounts, personal property, real estate, insurance, outstanding bills, and whether there is a will. Many simplified procedures are intended for estates under a statutory dollar threshold or for estates made up primarily of personal property, but the threshold and rules can change. Check the South Carolina Probate Code (Title 62) and ask the probate clerk about local practice: https://www.scstatehouse.gov/code/title62.php and the South Carolina Judicial Branch: https://www.sccourts.org/.

2. Decide which court filing you need

Common filings include:

• Affidavit or petition for summary/small estate administration (if available locally).
• Petition for appointment of a personal representative (often with a request for limited letters of administration).

The probate judge will decide whether to appoint a limited personal representative and what powers to grant.

3. File the petition and required documents with the county probate court

Typical documents to file:

• Petition for appointment (or affidavit for small estate if the statute/form applies).
• Death certificate.
• Copy of the will, if one exists (and proof of its location).
• An inventory or statement of known assets and estimated values.
• Names and addresses of heirs and known creditors (if known).
• Any required filing fee and bond, if the court requires a bond for the limited appointment.

The probate clerk can explain local filing requirements and available forms. If the estate is eligible for summary procedures, there may be a streamlined affidavit or petition form.

4. Court review and appointment

The judge reviews the petition and may set a short hearing or appoint a limited personal representative without a hearing (depending on the county and the form used). If the court appoints a limited personal representative, the court issues limited letters of appointment (letters of administration or letters testamentary with limited powers). Those letters are the document you will use to show banks, title companies, and third parties that you have authority to act for the estate.

5. Understand the scope of a “limited” appointment

Common limits include authority only to collect and manage certain assets, give notice to creditors, pay funeral and administrative expenses, and distribute small personal property. Courts commonly reserve the authority to authorize a sale of real property unless the appointment explicitly grants sale authority.

If your goal is to sell real property, expect one of the following: (a) the court grants explicit authority in the limited appointment to sell the real estate; (b) the court requires a separate petition and hearing to approve the sale; or (c) the heirs sign consents and the court approves a non‑judicial transfer if local rules allow. Do not assume a small‑estate affidavit automatically lets you sell real property.

6. Run notice to creditors

After appointment, you must follow notice rules. That usually includes:

• Publishing a notice to creditors in a local newspaper (timing and frequency depend on local rule and statute).
• Sending written notice to known creditors when required.

Creditors then have a statutory period to present claims. The exact deadlines and the effective date of the notice are governed by the Probate Code and local rules. See Title 62 for the statute provisions and confirm deadlines with the probate clerk: https://www.scstatehouse.gov/code/title62.php.

7. If selling real property: pursue express court permission or a specific order

To sell real property you usually must obtain either:

1. express power in the limited letters issued at appointment; or
2. a separate court order authorizing the sale after notice to heirs and creditors; or
3. written, notarized waivers and a simple transfer if statute and local practice allow transfer without formal sale (rare for real property).

The court will consider whether the sale is in the estate’s best interest, whether the sale price is fair, and whether proper notice has been given. The court may require a confirmation hearing and may order that sale proceeds be deposited with the court or handled under supervised accounting rules until claims and distributions are resolved.

8. Close out the limited administration

After paying allowed claims and distributing assets in accordance with the court order or an agreed plan, prepare any required accounting or final report for the probate court. The court will discharge the limited personal representative when it is satisfied that the administration is complete.

Key South Carolina legal resources

• South Carolina Code — Title 62 (Probate): https://www.scstatehouse.gov/code/title62.php
• South Carolina Judicial Branch (general probate information and local court contacts): https://www.sccourts.org/

Helpful Hints

• Start by calling the probate clerk in the county where the decedent lived. Clerks often provide forms and explain local practice regarding small estates and limited appointments.
• Don’t assume a small‑estate affidavit lets you sell real property. Real estate sales often require specific court approval or full administration documents.
• Gather documents early: death certificate, will, asset statements (bank and investment), mortgage statements, deed, and bills. That speeds filing and avoids additional court costs.
• Keep a careful inventory and receipts for all estate transactions. Courts and buyers will want copies of the letters of appointment and documentation of authority to sell.
• If creditors exist or unknown creditors may come forward, be conservative in distributing proceeds. The court may require funds to be held to satisfy late claims or require bonds.
• Check title issues before marketing real property. A title company can advise on liens, mortgages, or uncanceled encumbrances that must be addressed at closing.
• If the estate includes a mortgage or tax liens, the buyer or title company will require resolution at closing — plan for payoff procedures and possible court approval to make payments from estate funds.
• If you expect disputes among heirs or complicated assets (business interests, out‑of‑state property, significant debts), consult a probate attorney sooner rather than later.
• Use the court’s official forms when available and follow any local publication rules for creditor notices strictly — mistakes can extend the administration process.