Detailed Answer
When someone dies in South Carolina, the probate court appoints a personal representative (also called an executor or administrator) to manage the decedent’s estate. The personal representative owes specific duties under South Carolina law and must provide key information to heirs and other interested persons.
Notice of Appointment
Within 30 days after receiving Letters of Testamentary or Letters of Administration, the personal representative must send written notice of appointment to all interested persons, including heirs. This notice informs heirs of their right to request information and participate in proceedings. See SC Code §62-3-101 (Notice to interested persons).
Inventory and Appraisal
The representative must file an inventory and appraisal of the estate’s assets within 90 days after qualification. The inventory lists all real and personal property at fair market value on the date of death. The appraisal assigns a value to each asset. These records ensure heirs know the estate’s scope. See SC Code §62-2-603 (Inventory and appraisal).
Accounting and Records
The personal representative must keep detailed records of all estate transactions, including income, expenses, and distributions. They must file annual or final accountings with the probate court and provide copies to heirs and beneficiaries. This requirement promotes transparency and trust. See SC Code §62-2-801 (Accounting).
Duty to Keep Heirs Informed
The representative must respond to reasonable requests for information from heirs, such as copies of the will, inventories, appraisals, and accountings. They must treat all heirs impartially and avoid conflicts of interest.
Distribution of Assets
After paying debts, taxes, and expenses, the personal representative must distribute estate assets to heirs according to the will or intestate succession rules. They must provide heirs with a detailed statement showing how each share was calculated. Refer to SC Code §§62-2-201 to 62-2-211 for intestate heirs.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Review the will, Letters of Administration, and court orders closely.
- Keep copies of all notices, inventories, appraisals, and accountings you provide.
- Track all communications with heirs in writing.
- Respond promptly to reasonable information requests from heirs.
- Segregate estate assets from personal assets.
- Consult an estate planning attorney if you face complex issues or disputes.
- Use secure methods when sending sensitive documents.