If there is a Last Will and Testament, same must be filed with the court within thirty (30) days from the date of death. The majority of estates will come under the informal procedures. There are no notices or hearings required unless demanded by an interested party pursuant to South Carolina Code of Laws, §62-3-204 (1976, as amended).
Formal proceedings are contested matters such as objections to appointments of personal representatives, will contests, lost or destroyed will and declaratory judgements on intestacy. Formal proceedings require notices to all interested parties and a hearing. Formal proceedings must be commenced within the later of eight months from informal probate or one year from the decedent's death.
A Small Estate Administration occurs when the decedent's estate less liens and encumbrances does not exceed twenty-five thousand dollars ($25,000). This cannot take place until thirty (30) days after death. The death certificate and a copy of the funeral bill must be furnished to the court.
Under a Full Estate Administration the appointment of a Personal Representative is made. A Full Estate has a value of twenty-five thousand dollars ($25,000) or contains real estate. An Inventory and Appraisement must be filed with the court within ninety (90) days from the appointment date of the personal representative. A Full Estate Administration typically lasts eight (8) months.