How does probate work in South Carolina?

1. Governing Code. South Carolina Probate Code, S.C. Code Ann. Title 62 (Articles 1-7). South Carolina adopted a modified version of the UPC.

2. Court. Probate Court in the county of the decedent's domicile (S.C. Code Ann. § 62-1-302).

3. Petition to Open. Application or Petition for Appointment of Personal Representative filed by the named executor or interested person under S.C. Code Ann. § 62-3-301 (informal) or § 62-3-401 (formal).

4. Letters Testamentary / Letters of Administration. Issued by the Probate Court under S.C. Code Ann. § 62-3-103 after appointment, oath, and bond unless waived.

5. Notice to Creditors. Published once a week for 3 consecutive weeks under S.C. Code Ann. § 62-3-801. Direct notice to known creditors. Creditor claim deadline is 8 months after first publication, or 60 days after actual notice (S.C. Code Ann. § 62-3-803).

6. Inventory and Appraisement. Filed within 90 days of appointment under S.C. Code Ann. § 62-3-706.

7. Informal Administration. Informal Probate under S.C. Code Ann. § 62-3-301 proceeds with minimal court involvement; Formal Probate is required when there is a dispute.

8. Small-Estate Procedure. Small Estate Affidavit under S.C. Code Ann. § 62-3-1201 for estates of personal property only, not exceeding $25,000, available 30 days after death. Summary Administration is available under S.C. Code Ann. § 62-3-1203 for small estates where allowances and costs exhaust assets.

9. Closing. Accounting and Petition for Settlement under S.C. Code Ann. § 62-3-1001 (formal) or Verified Statement Closing Estate under § 62-3-1003 (informal). The estate must remain open at least 8 months from publication.

10. Probate Avoidance. Revocable living trust, joint tenancy with right of survivorship (must use express survivorship language), POD/TOD accounts, beneficiary designations. South Carolina does not authorize TOD deeds for real estate.

This is legal information, not legal advice.