Detailed Answer — Documents Required to Apply for Probate Appointment and Oath in South Carolina
This FAQ-style guide explains, in plain language, what you typically must bring or file to obtain a probate appointment (letters testamentary or letters of administration) and to take the oath required of a personal representative in South Carolina. This is a general guide only — each county’s probate clerk may have additional local requirements.
Where to start
Probate petitions and oaths are filed in the probate court for the county where the decedent lived at death. South Carolina’s probate statutes and the state court’s probate forms are the best starting points: South Carolina Code — Title 62 (Probate, Wills & Estates): https://www.scstatehouse.gov/code/title62.php. South Carolina Judicial Department probate forms and instructions: https://www.sccourts.org/probate/.
Core documents normally required
Below is a list of documents most probate clerks will expect for an initial application for appointment and for taking the oath. Not every case requires every item — what you need depends on whether there is a will, who is applying, and whether a bond is required.
- Original will (if any). Bring the original signed will and any codicils. The court typically needs the original to admit the will to probate.
- Death certificate. A certified copy of the decedent’s death certificate (official, not a photocopy).
- Petition or application for probate / appointment. This is the formal pleading that asks the court to admit the will (if there is one) and to appoint the personal representative (executor or administrator). Use the probate petition form your county or the South Carolina Judicial Department provides.
- Oath or acceptance of appointment. The personal representative usually signs an oath (affirming duties and to administer faithfully) and an acceptance of appointment. The clerk will provide the required form or indicate acceptable language.
- Bond documents (if required). Many estates require a fiduciary bond (unless the will waives bond). If a bond is required, bring the bond form and proof of surety (insurance or corporate surety) or pay a cash bond where permitted. If the will waives bond, bring a copy of the waiver clause in the will.
- List of heirs and beneficiaries. If there’s no will (intestate) or to assist administration, prepare a list of the decedent’s next of kin/beneficiaries with names and addresses. Some counties require a more formal affidavit or statement of heirs.
- Renunciations or consents (if available). If persons entitled to priority appointment (e.g., spouse, adult child) renounce appointment so someone else may serve, submit signed renunciation forms. Beneficiaries sometimes sign waivers or consents to expedite appointment.
- Identification for the applicant. Photo ID for the person applying to be appointed (driver’s license or other state ID). The clerk must confirm identity before taking the oath.
- Filing fee. Check the county probate clerk’s fee schedule and bring payment or be prepared to pay at filing.
- Additional supporting affidavits or declarations. Some cases require an affidavit of service, publication, or verification of the facts stated in the petition. The clerk will tell you which affidavits are required for your situation.
Special situations and extra documents
- Multiple wills or unknown originals: If multiple original wills are found, bring all of them and be prepared to explain their provenance. If the original will cannot be found, the court needs clear proof and may require an attested copy plus testimony or affidavits about loss.
- Out-of-state personal representative: If the nominated fiduciary lives outside South Carolina, the court may require a South Carolina resident co-fiduciary or additional documentation, and bond requirements can differ.
- Minor or incapacitated heirs: If beneficiaries are minors or under guardianship, you may need guardian contact information or court orders affecting those beneficiaries.
- Real property or titled assets: If the estate holds real estate or vehicles, gather deeds, titles, and appraisals; the court or clerk may require an inventory after appointment.
What happens at filing and when taking the oath
- You file the petition (with original will if applicable), submit the death certificate, pay the fee, and present ID.
- The clerk reviews documents, checks for bond waiver language in the will, and may accept the oath and issue letters (letters testamentary or letters of administration) at the same visit or set a hearing date if objections exist.
- The appointed personal representative signs an oath or acceptance and posts bond if required. Once the oath and bond are filed, the clerk issues letters that give authority to act for the estate.
Statutes and forms
Probate procedure and fiduciary duties in South Carolina are governed by the state probate and estates statutes in Title 62. See the South Carolina Code — Title 62 for statutory rules and definitions: https://www.scstatehouse.gov/code/title62.php. For commonly used probate forms, instructions, and county contacts, see the South Carolina Judicial Department’s probate pages: https://www.sccourts.org/probate/.
When to hire an attorney
If the estate is complex (significant assets, business interests, real estate in multiple states, unclear beneficiaries, creditor disputes, or potential will contests), consult an attorney experienced in South Carolina probate. An attorney can prepare pleadings, represent you at any required hearings, and help handle bond, inventory, and tax issues.
Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed South Carolina attorney.
Helpful Hints
- Bring the original will (if any) — courts rarely accept a probate petition without it.
- Get a certified death certificate early; most clerks will not proceed without it.
- Call the county probate clerk before you go to confirm local forms, fees, and bonding rules.
- Make several photocopies of everything filed and keep organized records of receipts and filings.
- If the will expressly waives bond, bring the exact will provision to the clerk’s attention and a copy of the will page showing the waiver.
- Prepare a short list of heirs and beneficiaries with contact details to speed notice and service requirements.
- Consider hiring counsel if there is likely to be disagreement among heirs or if the estate holds out-of-state property.
- Use the South Carolina Judicial Department’s probate forms page for sample petitions, oath forms, and checklists: https://www.sccourts.org/probate/.