Probate Process South Carolina: Step-by-Step Under Title 62

The paperwork arrives from the county probate court and the clock starts. Most families have no idea what happens next — or in what order. South Carolina's probate process follows a specific sequence of deadlines, and missing one can delay distribution by months.

This guide walks through informal probate in South Carolina from the first filing to final closing.

The Legal Foundation: Title 62

South Carolina probate law is governed by Title 62 of the South Carolina Code of Laws, also known as the South Carolina Probate Code. Modeled on the Uniform Probate Code, Title 62 establishes two tracks for estate administration:

Informal probate — Administrative review by a probate registrar or judge without a court hearing. Used for the vast majority of estates where there are no disputes and the will (if any) is valid on its face.

Formal probate — Involves an actual court hearing before the probate judge. Required for contested wills, disputed claims, missing heirs, or when a personal representative wants court protection against future challenges.

Unless your situation involves a conflict or complication, you'll use informal probate. The steps below cover that process.

Step 1: File the Petition (Form 300ES)

Within a reasonable time after death, someone — typically the person named as executor in the will, or the closest surviving heir if there's no will — files the Petition for Probate with the county probate court.

This is Form 300ES. It asks for:

• The decedent's name, date of death, and county of last domicile
• Whether a will exists (submit the original if it does)
• Who is being nominated as personal representative
• A rough estimate of estate value

You'll also need a certified copy of the death certificate. The filing fee is based on the estate's estimated gross value.

Who files in which county: File in the county where the decedent was domiciled at death — where they lived permanently, not where they owned property or where you live.

Step 2: Oath and Appointment (Form 302ES)

After the court reviews and approves the petition, the nominated personal representative signs Form 302ES — the Oath of Personal Representative — swearing to faithfully administer the estate.

This is the moment the personal representative becomes official. The court then issues Fiduciary Letters (also called a Certificate of Appointment), which are the legal documents proving your authority to act. Banks, brokers, and title companies will not deal with you without them. Order several certified copies — you'll need them.

Bond: Whether the personal representative must post a bond depends on the will and the estate. Wills often waive the bond requirement. If there's no will or the will doesn't address it, the court may require a bond, particularly if there are creditors or minor beneficiaries. Bond premiums are a legitimate estate expense.

Step 3: Notify Heirs and Devisees (Form 305ES, 30-Day Deadline)

Within 30 days of appointment, the personal representative must notify all "interested persons" — everyone with a legal interest in the estate, including:

• All heirs (those who would inherit under intestate law, whether or not there's a will)
• All devisees (people named as beneficiaries in the will)
• Known creditors

Notice is given using Form 305ES. Each person receives a copy by mail, and you file proof of service with the court. This notice informs them that the estate is open and gives them the opportunity to raise any objections.

For creditors not already known to you, notice is provided through publication in a local newspaper. This public notice triggers the formal creditor claim period.

Step 4: Inventory Assets (Form 350ES, 90-Day Deadline)

Within 90 days of appointment, the personal representative files a complete inventory of all probate assets — Form 350ES, the Inventory and Appraisement.

The inventory lists every asset with its fair market value as of the date of death. Real property, bank accounts, investments, vehicles, and significant personal property all get listed with values.

For assets requiring professional appraisal (real estate in particular), arrange appraisals in the first two to three weeks so you have results before the deadline. An estate sale company can help value household contents.

What's not on the inventory: Assets that pass outside probate — jointly held property, accounts with named beneficiaries, trust assets — are not listed on Form 350ES. The inventory covers only probate assets.

Step 5: Manage the Creditor Period (8 Months)

This is the longest mandatory waiting period in South Carolina probate. Creditors have 8 months from the date of the personal representative's appointment, or 1 year from the date of death, whichever comes first, to file claims against the estate.

During this period, the personal representative:

• Receives and evaluates creditor claims
• Can accept, partially accept, or disallow claims (disallowed claims can be challenged in court)
• Should not distribute assets to heirs until all valid claims are resolved

Debts are paid in a specific priority order under SC law. Funeral expenses, estate administration costs, and taxes are paid before ordinary unsecured creditors. Heirs receive whatever remains after all valid debts are satisfied.

The personal representative can pay undisputed claims before the 8-month period ends, but final distribution to heirs should wait until the deadline passes and no unknown creditors can surface.

Step 6: File Taxes

During or after the creditor period, the personal representative is responsible for:

• Decedent's final individual income tax return (federal Form 1040, SC Form I-330) — due April 15 of the year following death, or the next April 15 if death occurred late in the year
• Estate income tax return (federal Form 1041 if the estate earns income) — applicable if the estate generates $600 or more in income during administration
• Federal estate tax (Form 706) — only required for very large estates exceeding the federal exemption amount (currently over $13 million per decedent)

South Carolina has no separate state estate tax. Once taxes are addressed, the personal representative can apply for a tax closing letter or otherwise confirm tax obligations are resolved before distributing.

Step 7: Pay Debts and Expenses

With taxes handled and the creditor period closed, the personal representative pays:

• Valid creditor claims in priority order
• Estate administration expenses (court fees, attorney fees, accounting fees, appraisal costs)
• Personal representative's compensation if applicable (SC allows reasonable compensation)

Keep detailed records of every payment. These will be reflected in the final accounting.

Step 8: Distribute Assets to Heirs

After debts and expenses are paid, the personal representative distributes the remaining assets according to the will — or, if there's no will, according to South Carolina's intestate succession laws.

Real property transfers via a Deed of Distribution (Form 400ES), signed by the personal representative and recorded at the county Register of Deeds.

Personal property (bank accounts, investment accounts, personal items) transfers through direct payment or delivery, documented with receipts and acknowledgments.

Beneficiaries typically sign receipts acknowledging that they received their distribution. These receipts become part of the closing package.

Step 9: File Final Accounting and Close the Estate

To formally close the estate, the personal representative files a final accounting with the court showing all receipts, disbursements, and distributions made during administration. The court reviews the accounting and, when satisfied, formally closes the estate.

Some counties have specific closing forms or checklists. Call the clerk to confirm what they require — the mechanics of closing vary somewhat by county even though the underlying legal requirements are the same statewide.

Once closed, the personal representative's authority terminates. Their fiduciary obligations end, and the estate file becomes a permanent public record.

For many families, this process unfolds over eight to twelve months from first filing to closing. It's manageable with a clear understanding of the deadlines. The South Carolina Probate Process Guide consolidates every form, fee, and deadline into a single reference — including the inventory checklist, the creditor notice template, and the closing package requirements.

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