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The Estate Settlement Timeline: While there is no specific deadline for this in South Carolina law, it is generally best to do so within a month to prevent unnecessary delays in the probate process.
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. This Notice will be published once a week for three successive weeks in one of the three Lexington County newspapers of your choice.
SC Specifics 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).
Time for Presentment of Claims: Claims are barred against the estate unless presented within the earlier of the following: (1) one year after the decedent's death; or (2) the time provided in § 62-3-801(b) for creditors who are given actual notice, and within the eight months after the first publication.
And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In South Carolina, a judgment lien can be attached to real estate only.
In South Carolina, the statute of limitations for most types of consumer and business debt is three years.
Time for Presentment of Claims: Claims are barred against the estate unless presented within the earlier of the following: (1) one year after the decedent's death; or (2) the time provided in § 62-3-801(b) for creditors who are given actual notice, and within the eight months after the first publication.
When an estate matter has been assigned a file number and entered in the pending file, and appears to be defunct in fact and not susceptible to ending by letters dismissory, the court shall strike the case from the active file with leave to restore upon good cause being shown why the case should be continued as a ...