Disclaimer: This article provides general information and is not legal advice. Consult a licensed attorney in South Carolina for advice on your situation.
Detailed Answer
When a decedent owns real property at death, you must follow specific steps under South Carolina law to ensure the property becomes part of the estate and transfers to the rightful beneficiaries or devisees. These steps include:
- Locate and Review the Will (if any): Under S.C. Code Ann. § 62-3-403 (link), the personal representative must file the decedent’s will with the probate court in the county where the decedent resided. If there is no will, intestacy rules under § 62-2-101 et seq. apply.
- File for Probate: File a petition for probate with the Probate Court. The court appoints a personal representative per S.C. Code Ann. § 62-3-201 (link).
- Inventory and Appraise the Property: Within three months of appointment, the personal representative must inventory and appraise the estate’s assets, including real estate, under § 62-3-605 (link). Obtain a fair market valuation from a qualified appraiser.
- Settle Claims and Debts: Provide notice to creditors and address debt claims following §§ 62-3-801 to 62-3-804 (link). Pay valid debts before distributing property.
- Prepare and Record a Deed: To transfer real estate, prepare a new deed (e.g., executor’s deed) conveying title from the estate to the beneficiary. Include a proper legal description, sign before a notary, and record the deed in the county Register of Deeds.
- Obtain Court Approval (if required): If disputes arise or if a sale is necessary, petition the probate court for approval under § 62-3-1501 (link).
- File Final Account and Close the Estate: After distribution, file a final accounting under § 62-3-807 (link). The court issues an order discharging the personal representative.
By following these steps, real property becomes part of the decedent’s estate and transfers properly under South Carolina law.
Helpful Hints
- Verify Title History: Conduct a title search to confirm ownership and identify liens or encumbrances.
- Keep Deadlines: Observe deadlines for filing notices, inventories, and accountings to avoid court penalties.
- Work with Professionals: Consider hiring an appraiser, title company, or probate attorney to streamline the process.
- Communicate with Beneficiaries: Keep all parties informed to prevent misunderstandings and disputes.
- Understand Intestacy Rules: If there’s no will, the estate distributes per S.C. Code Ann. § 62-2-101 (link).