Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Appoint a Personal Representative
After someone dies in South Carolina, the probate court appoints a personal representative (often called an executor or administrator). This individual is responsible for managing the estate, including notifying creditors and handling claims.
2. File a Probate Petition
The personal representative files a petition for probate in the county where the decedent lived. The petition opens an estate file and grants authority to act on behalf of the estate.
3. Provide Notice to Known Creditors
Within three months of appointment, the personal representative must mail direct notice to all known or reasonably ascertainable creditors. This requirement comes from SC Code Ann. § 62-3-801 (Section 62-3-801).
4. Publish Notice to Unknown Creditors
For creditors who aren’t known, the personal representative publishes a notice once a week for three successive weeks in a local newspaper. This alerts any unknown claimants to present their claims.
5. Deadline for Filing Claims
Creditors must present claims within one year of the decedent’s death. Any claim not filed within this period is barred by SC Code Ann. § 62-3-803 (Section 62-3-803).
6. Review and Resolve Claims
The personal representative reviews each claim. Valid debts are paid from estate assets in order of priority. Disputed or invalid claims may be rejected, and creditors can petition the court to force payment if they disagree.
7. Final Accounting and Distribution
After all valid claims and expenses are paid, the personal representative files a final accounting with the probate court. Once approved, the remaining assets are distributed to beneficiaries under the will or South Carolina’s intestacy rules.
Helpful Hints
- Maintain a detailed ledger of all notices sent, dates published, and claims received.
- Keep copies of mailed notices and return-receipt cards for proof of service.
- Act promptly to avoid missing the one-year deadline for creditor claims.
- Consult with a probate attorney if claims exceed estate assets or disputes arise.
- Verify publication requirements with the county probate court clerk’s office.