Disclaimer: This article provides general information about estate administration in South Carolina. It does not constitute legal advice. Consult a qualified South Carolina attorney for guidance on your specific situation.
Detailed Answer
After a person’s death, the personal representative (executor or administrator) must gather key documents and certificates to start estate administration under South Carolina law. Collecting these items early streamlines probate and protects estate assets.
Essential Documents
- Original Last Will and Codicils
Present the original will to the probate court to establish testamentary intent. If co-executors exist, ask them to sign renunciations or waivers if they do not serve. - Certified Death Certificate
Obtain multiple certified copies from the South Carolina Department of Health and Environmental Control. Courts and financial institutions often require certified copies for probate and asset transfer. - Petition for Probate and Letters of Administration
File a “Petition for Probate of Will” or “Application for Letters of Administration” with the probate court. See SC Code Ann. § 62-3-401 for petition requirements and issuance of letters: https://www.scstatehouse.gov/code/t62c003.php?item=401. - Oath and Bond
Submit the personal representative’s oath and bond form, if required. See SC Code Ann. § 62-3-501 for bond requirements: https://www.scstatehouse.gov/code/t62c003.php?item=501. The court may waive a bond if the will so directs. - Proof of Heirship or Beneficiary List
Prepare a list of heirs (for intestate estates) or beneficiaries (for estates with a will). Include full names, addresses, and relationships to the decedent. - Trust Documents
If the decedent used a trust, gather the trust instrument, amendments, and any certificate of trust. These documents help identify assets titled in the trust.
Financial and Property Records
- Bank and Investment Account Statements
Request statements for the last several months to identify account balances and beneficiaries. - Real Estate Deeds and Titles
Locate deeds, mortgage statements, vehicle titles, and statements of ownership for all real and personal property. - Life Insurance and Retirement Policy Documents
Collect policies, beneficiary designation forms, and notice-of-death claim procedures. - Recent Tax Returns
Gather the decedent’s federal and state income tax returns for the last three years. These help prepare the estate’s final returns. - Outstanding Debts and Bills
Compile creditor statements, utility bills, medical bills, and funeral expense contracts. This assists in inventory and creditor notices under SC Code Ann. § 62-3-1101: https://www.scstatehouse.gov/code/t62c003.php?item=1101.
Helpful Hints
- Request at least 10 certified copies of the death certificate to cover court, banks, and government agencies.
- Maintain a spreadsheet to track documents, deadlines, and court filings.
- Check the decedent’s mail regularly to catch time-sensitive bills or notices.
- Consult a probate court clerk for local procedural requirements.
- Keep originals in a secure location and provide copies to your attorney or the court as needed.