An executor is the person who oversees the probate process when the owner of an estate dies. The estate owner selects and appoints the executor in advance. A South Carolina estate executor, also called a personal representative, has significant responsibilities for accurate record keeping and maintaining deadlines.
In South Carolina, probate is necessary when a person’s estate is valued at $25,000 or more. The probate process, which involves a judge overseeing the distribution of assets, can take 8-12 months. It’s critical to choose a competent executor given the duration and requirements of the probate process.
Requirements for an Estate Executor in South Carolina
The few requirements for an estate executor in South Carolina include being older than age 18 and being of sound mind.
Beyond that, the executor of an estate should be chosen for their ability to follow regulations related to completing paperwork within a specific period of time. There are several time-sensitive forms to file for probate, starting with getting the original signed will and a death certificate to the court within 30 days of the estate owner’s death. In some cases, failure to comply with the probate court’s requirements for timely filing and accurate accounting can result in a penalty assessed against the estate and/or the executor.
In the absence of an associate who can manage the obligations of probating an estate in South Carolina, estate planning attorneys are available to serve as executors.
Steps in Probating a Will in South Carolina
When considering people to appoint as executor or Personal Representative, consider the following steps that are required to complete the process. The executor of an estate should have the time, organizational skill, and resources to complete all tasks within the specified period provided by the probate court. They are assigned a probate clerk who can help with questions.
The basic steps in probating a will include:

- File for Probate. The executor must file the original, signed will with a death certificate, and necessary petition for probate form at the county probate office within 30 days of the death of the estate owner.
- Ancillary administration. If the estate owner had property in more than one state, the executor must file the original will and death certificate in the location where they lived, and copies in the secondary location where other property was owned.
- Appointment. The executor must be recognized by probate court as the official representative of the estate. If the original executor cannot complete the necessary duties, the court can appoint an alternate.
- Information to Heirs and Devisees. The executor has 30 days from their appointment to notify all heirs and other interested parties of the probate process, using a specific form. The court must be provided with proof of delivery (with a specific form).
- Advertising. An ad must run in the newspaper local to the estate owner’s residence for a minimum of three weeks to notify any creditors of the opportunity to make a claim against the estate. Sometimes the probate court clerk helps with this task.
- Payment of debts. Taxes, bills, utilities, and attorney’s costs must be paid from the estate. Good records should be kept to prove to the court that only valid payments were made.
- Inventory and Appraisal. The executor has 90 days from appointment to file a complete list of items in the estate and their corresponding values with the court.
- Closing. This portion of estate management involves distributing the tangible possessions and proceeds of the estate, closing accounts, showing proof to the court that distributions were made, and asks for the court’s final endorsement. Upon approval of this step and successful completion of others, the court may discharge the executor.
Trusted Advisers Provide Estate Services in South Carolina
To reduce disagreements among family members or heirs, it can be expeditious to appoint a fiduciary expert as estate executor. The estate law professionals at Lam Law Firm know South Carolina’s probate court requirements and can fulfill your wishes through estate management.