South Carolina Demand for Hearing (Estates Only)
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FAQ
In South Carolina, to collect from the estate, a creditor must file their claim either before 60 days from the mailing of the Written Notice of Creditors (sent by the estate's personal representative) or 8 months from the first publication of the Notice of Creditors in the newspaper, whichever is later.
In most cases, probate is a legal responsibility in South Carolina. However, probate can be avoided if the decedent's assets were placed in a living trust before they died with beneficiaries designated to inherit the estate.
In South Carolina, creditors must file any claims against the estate by the earlier of 1 year from the decedent's death, the deadline provided in the generally published notice (i.e., 8 months from publication), or the deadline provided in any direct notification (i.e., 60 days from notification).
Full probate is usually an eight month to one year process. Once the estate is opened, our office will complete FORM 370PC, NOTICE TO CREDITORS.
Formal probate in South Carolina will be open for at least eight months. Creditors are given that much time to submit claims against the estate. Of course, many estates will be open longer than that to allow for other issues or delays.
The legal process of probate can take as little time as 6 months or as long as 2 years. There are several factors on how long the process will take. The complexity of an estate will extend the process, as well as cases where heirs dispute the will.
Simplified Probate: Summary Administration You can petition the court to use summary administration in South Carolina if the value of the entire probate estate (meaning all of the property that the deceased person left behind that is subject to probate), less liens and encumbrances, does not exceed the sum of: $25,000.
After probate is closed, heirs and creditors have a time period to review the documents of the estate and approve or challenge the estate closing. 1. If additional assets are uncovered after probate has closed, the executor of the estate is responsible for notifying the court that handled the estate's probate process.