Detailed Answer — your rights and the law in South Carolina

When someone serves as a personal representative of a decedent’s estate in South Carolina, that person acts as a fiduciary for the estate and for beneficiaries. As a beneficiary you have a right to know how the estate was administered and how any distributions were calculated. South Carolina’s probate law (Title 62 of the South Carolina Code of Laws) governs administration, notices, accounting, and distributions. You can review the Code of Laws for probate matters here: South Carolina Code, Title 62 (Probate, Trusts & Fiduciary Administration).

Key points you should understand:

• Duty to account and disclose. A personal representative must collect estate assets, pay valid debts and expenses, and distribute the remainder to heirs or beneficiaries according to the will or law. Beneficiaries are entitled to information about receipts, payments, and distributions so they can verify the calculation of their share.
• Informal vs. formal accounting. Often a personal representative will provide an informal explanation or a short summary. If that is not adequate, beneficiaries can demand a formal, itemized accounting that shows: assets on hand, assets collected and their values, debts and bills paid, expenses (including fiduciary fees, attorney fees, taxes), and how the net distributable estate was divided.
• Court oversight and remedies. If the personal representative refuses to provide an adequate accounting or if you suspect incorrect calculations or misconduct, you can ask the probate court to compel an accounting, to surcharge the fiduciary for losses caused by breach of duty, or to remove the personal representative in serious cases. These remedies are available through filings in the probate court where the estate is being administered.

Practical steps to take right away

1. Ask in writing for an explanation and accounting. Send a short, polite written request to the personal representative asking for (a) the estate accounting that shows how your share was calculated, (b) copies of the will and any codicils, (c) the estate inventory, and (d) the estate ledger or distribution worksheet. Keep a copy of your request.
2. Review the will and beneficiary designation. If you are a named beneficiary under the will, your share should be calculated according to the will’s terms (or under statutory intestacy rules if there is no will). Ask for a copy of the will if you do not already have it.
3. Request documents supporting payments and valuations. Ask for receipts for bills paid, appraisals, trust or bank statements, and tax returns used to calculate estate assets and liabilities.
4. Allow brief time for a response, then follow up. Give the personal representative a reasonable deadline—commonly 14–30 days—for a written reply. Keep all communications in writing when possible.
5. Consult a probate or estate attorney. If the accounting is missing, incomplete, or raises concerns, a South Carolina probate attorney can advise on next steps (including filing a petition in probate court).

If the personal representative does not cooperate

If a written request does not produce a satisfactory accounting:

• You can file a formal petition for an accounting or similar petition in the probate court where the estate is opened. The court can order the personal representative to present a full accounting to the court and to the beneficiaries.
• If the accounting shows mismanagement, you can ask the court to surcharge (require the fiduciary to repay losses), to remove the personal representative for cause, or to order other corrective relief.
• In many cases probate courts encourage parties to resolve disputes by mediation or negotiation before full litigation—your attorney can advise whether mediation is a good option in your situation.

What the accounting should include

A useful accounting usually shows:

• Starting inventory and values of estate assets.
• Assets collected by the personal representative and how values were determined (appraisals, statements, receipts).
• All estate liabilities paid (creditors, funeral expenses, administration expenses, taxes) and supporting documentation.
• Fiduciary and attorney fees claimed and the basis for those fees.
• The net distributable estate and the formula or method used to calculate each beneficiary’s share.

Costs and timing

Compelling an accounting and bringing contested proceedings in probate court can involve attorney fees and court costs. In some cases the court may award fees against the estate or against the personal representative if the court finds bad faith or misconduct, but outcomes vary. Acting promptly helps preserve documents and evidence.

Helpful Hints

• Keep all communications with the personal representative in writing when possible (email or certified mail) to create a clear record.
• Request specific documents: the will, inventory (if filed), accounts, receipts, appraisal reports, bank statements, and proof of bills paid.
• Ask for a clear worksheet showing the math used to reach your payment (gross estate → debts/expenses → net estate → share calculation).
• Be polite but firm. A reasonable written request often resolves the issue without court intervention.
• If you are a residuary beneficiary (get a percentage of what’s left), your payment depends heavily on what debts and expenses the estate pays—make sure you see those figures.
• If you suspect the personal representative is self-dealing, using estate funds improperly, or withholding information, contact a probate attorney promptly.
• Contact the probate court clerk where the estate is administered for information about filings and available forms; the clerk can explain procedural steps but cannot give legal advice.