South Carolina Probate Law and How It Works
The below article is meant for informational purposes regarding the probate process in South Carolina. Rockpoint Probate Funding DOES NOT provide funding services for estates based in South Carolina.
When a loved one in South Carolina passes away, you might expect to receive your inheritance swiftly. Yet, the probate process—the legal procedure required to confirm a will (if one exists), pay off debts, and allocate assets—can last months or more. Below is a straightforward look at how probate typically unfolds in the Palmetto State, what happens if there is no will, and options that might help if you need inheritance funds before everything is settled.
Probate Steps in South Carolina
Filing the Will
The county probate court expects the will to be filed within 30 days of the person’s death. Once a will is submitted, or if no will exists, the process officially starts.
Naming an Executor
If a will names an executor (also called a personal representative), the court approves that person. Otherwise, it appoints an administrator to carry out similar tasks: listing assets, notifying creditors and heirs, and paying estate debts.
Inventory and Valuation
The executor compiles a record of the deceased’s belongings—bank accounts, property, personal items—often assigning approximate values. Larger or more complex estates can stretch out this step, as outside appraisals might be required.
Debt Settlement
Legitimate claims from creditors must be paid. If the estate lacks enough cash, certain assets may need to be sold. During this time, heirs generally cannot receive anything until these expenses are cleared.
Distributing Remaining Property
Whatever is left after debts and taxes go to the heirs. If there’s a valid will, its instructions control. Without a will, South Carolina’s intestate succession laws decide who inherits, typically favoring a surviving spouse or children first.
Closing the Estate
Once all obligations are met and the court is satisfied, the executor requests permission to end probate, concluding the legal oversight.
How Long It Takes
If the estate is straightforward and everyone cooperates, probate might wrap up within several months. More complicated estates—perhaps involving numerous properties, disputes among relatives, or unclear ownership—can last a year or more.
No Will? Intestate Succession
When someone dies without a will, the court relies on intestate succession rules. A spouse and/or children usually come first, while parents or siblings might inherit if no spouse or children survive. Disagreements about these distributions can create further delays in closing the estate.
Small Estates and Living Trusts
Not all estates face a full probate process. If total assets are under $25,000 and do not include real property, heirs may use a small estate affidavit to collect items without formal probate, provided at least 30 days have passed since the death.
Additionally, if certain assets were placed in a living trust during the person’s life, those assets may pass directly to beneficiaries and skip probate altogether. Similarly, jointly owned property with a right of survivorship or accounts naming specific beneficiaries usually do not require probate.
Getting an Advance on Your Inheritance
Because probate can leave heirs waiting, some consider inheritance advances (or “probate loans”). These arrangements allow you to use part of your inheritance right away rather than waiting for final distribution. While Rockpoint Probate Funding offers such advances in various places, it currently cannot provide them for estates based in South Carolina.
Still, the principle is the same: if a funding company operates where the estate is located, you share basic probate documents with them, and if the estate’s value is enough to cover the advance, you receive a portion of your expected share. When probate ends, the provider is repaid from the inheritance, and you keep the remainder.
Key Takeaways
In South Carolina, probate aims to:
- Verify any valid will or decide how assets transfer if there isn’t one
- Let creditors file claims
- Ensure all debts are paid
- Distribute leftover property to heirs
This process can range from a few months to well over a year. If you’re navigating probate, knowing the essentials—like deadlines for filing wills, the asset threshold for small estate affidavits, and how living trusts can bypass probate—can help manage the wait. And while Rockpoint cannot currently fund estates in South Carolina, inheritance advances may be an option for heirs in other regions facing similar probate delays.
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- Sarah W.
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