What Are My Duties as Executor in South Carolina?
Step-by-step guide for executors and personal representatives navigating probate. This checklist applies whether there was a will or not.
Get Your Executor Checklist
Answer a few questions to get a personalized checklist for settling an estate.
This checklist provides general guidance for estate settlement. Requirements vary by state and circumstance. Consult a licensed attorney for legal advice.
Frequently Asked Questions
In South Carolina, your immediate priorities are obtaining certified death certificates, filing the original will with the probate court, and petitioning for letters testamentary (your official authority to act). You should also secure estate assets and begin identifying all accounts and property.
In South Carolina, simple estates typically take 6-9 months. Average estates take 9-18 months. Complex estates with disputes can take 18-36 months or longer. The 8-month creditor claim period is a key factor in the timeline.
South Carolina typically requires a probate bond, but it can be waived if specified in the will. Without a waiver, expect to pay about 0.5% of the estate value annually for the bond premium.
Yes. South Carolina offers Small Estate Affidavit for estates under $45,000. There is a 30-day waiting period after death. This can significantly reduce time and costs.
In South Carolina, you must publish a notice to creditors in a local newspaper and/or send direct notice to known creditors. Creditors then have 8 months to file claims. Do not make final distributions until this period expires.
Is this your situation?
Get a complete guide for your specific circumstances.
More Estate Planning Resources
Explore related tools and documents to complete your estate plan.
Last Will and Testament
Create a free, state-specific will with witness and notarization requirements included.
Probate Cost Calculator
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
Executor Fee Calculator
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
Death Certificate Calculator
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
Probate Decision Tool
Answer a few questions to find out if an estate needs full probate, qualifies for simplified probate, or can avoid probate entirely with a small estate affidavit.
Estate Settlement Checklist
Get a personalized checklist for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
South Carolina Estate Planning Resources
In-depth guides covering South Carolina probate laws, trust requirements, and estate planning strategies.
