Resources

Probate Court

When someone dies, the grieving process takes some time. Unfortunately, the rest of life can’t be put on hold. It is often the responsibility of family to take care of their loved one’s assets and manage their estate during this time. 

Managing and settling an estate isn’t just a personal responsibility; it is also a legal responsibility, which is handled through probate. Probate is the method used to distribute and close an estate with the oversight of the court. If you’re involved in the process, you need to understand how probate works. 

South Carolina laws for settling an estate are much the same as in other states. Some differences may be found, such as the timeline for taking steps or the amounts required for informal probate. It’s a good idea to understand the basics of each step of probate if you’re involved in any way. 

• A petition to open probate is filed with the county court where the decedent lived. The court approves an executor to manage the estate. 
• The executor must notify the heirs and creditors of the decedent’s death. 
• The assets must be gathered and valued. In some cases, they may need to be officially appraised. 
• The executor files tax returns, pays any taxes owed and pays other creditors. They may need to sell property if there aren’t enough funds. 
• Once all debts are paid, the remaining assets may be distributed to the heirs and ownership transferred. Probate for the estate is closed. 

While this is a simplified list of what happens with probate, each step can take weeks or months to be completed. The tasks may be more complicated in larger estates, which is why it can be helpful to talk to an estate attorney. 

Each county has its own probate judge. Unlike in some other states where the probate court is part of another court system, in South Carolina it is a separate entity under the category of trial courts. You can locate the county probate court judge from the South Carolina courts website: SC Judicial Branch (sccourts.org). The probate court for Newberry County may be reached at 803-321-2118.