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SPARTANBURG PROBATE

Spartanburg Probate court has exclusive original jurisdiction over all matters pertaining to Estates of decedents (probate); protection of minors and incapacitated adults; Trusts; issuance of marriage licenses, involuntary commitment for mental illness, alcoholism, drug addiction, and active pulmonary tuberculosis; and wrongful death and survival action settlements.

Spartanburg Probate is required if the deceased was a permanent resident of the county and there are assets that need to be distributed to the heirs. Probate action may also be required if the deceased was a non-resident of South Carolina holding property in the county or had a right to take legal action in the county.

To start the probate action, if the decedent had a will (testate), within 30 days from date of death, the person nominated to be the executor or any party in possession of the Last Will and Testament should submit the original will, a certified copy of death certificate if available, and $10 filing fee to the Probate Court. The party named to be the Personal Representative may elect to retain a South Carolina probate lawyer to represent the estate and start the application for them to be appointed as the Personal Representative (executor) of the estate. A clerk will be assigned to the probate case and will work with the Personal Representative or the South Carolina estate attorney on the necessary paperwork and notices that are required. If the decedent did not have a will (intestate), then there is a list set by statute of the party with priority to be appointed as the Personal Representative, starting with the surviving spouse.

Compared to many other states, the probate process in South Carolina is relatively simple, especially if there is a Last Will and Testament. The person appointed as the Personal Representative can often handle to process without the assistance of a South Carolina probate lawyer. However, if the Personal Representative resides out of state, they will need someone living is South Carolina to assist them and usually that should be an attorney. For probate actions like a will contest, determination of common law spouse, sale of real estate, determination of heirs and similar issues, it is advisable to retain an attorney. Since the attorney fee is normally an estate expense, the cost to retain an estate attorney will usually be equally shared by all of the heirs of the estate. 

Contact the Spartanburg Probate Court

Note that this site is a private commercial website and not associated with any governmental agency. Below is the information on how to directly contact the Spartanburg court.

Location:
County Courthouse
1st Floor, Suite 302
180 Magnolia Street
Spartanburg, SC 29306

Hours:
8:30 - 5:00
Monday - Friday

(864) 596-2556 (Phone)

(864) 596-2011 (Fax)

Spartanburg County Probate records are currently not available online.

SPARTANBURG PROBATE COURT WEBSITE

Personal Representative or Executor

A person appointed to handle an estate used to be called an Executor/Executrix or Administrator/Administratrix. Today the person appointed to handle an estate is called the Personal Representative or PR. However, most people, including most probate attorneys, still use the executor designation.

A person is not the executor of an estate until legally appointed by the Greenville probate court, even if they are nominated in the will. Usually, the Personal Representative or Executor is named in the will by the deceased and that person will be appointed by the probate court. However, the right to be appointed can result through the will, by law, by renunciation, or by termination. Any person with rights to be the PR may decline and nominate another. If a formal proceeding is required, following service of the formal Summons/Petition a hearing will be scheduled to determine who is the appropriate person to be appointed as the PR to administer the estate.

The Personal Representative is responsible for taking charge of and collecting, protecting and administering the estate. This includes giving Notice to all interested parties, filing an Inventory of the estate, making sure assets are secure during probate time, paying required claims and costs, and making sure the proper people get what they are entitled to receive.The Personal Representative is the one that decides whether to retain a Greenville probate attorney to assist in the probate process.

Personal Representative Checklist

South Carolina Probate Lawyers

Wayne Patterson
Spartanburg Probate Attorney
116 West Stone Avenue
Greenville, SC 29609
864-270-7973

Google Reviews

South Carolina Probate Statutes

2012 South Carolina Senior Citizen's Handbook
The Handbook contains information on Medicare, Medicaid, Estate Planning and other Elder Care Law issues.

NOTICE!!!

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing South Carolina lawyers. Under no circumstance will South Carolina Probate be held liable for any loss or damage caused by a visitor's reliance on information obtained through this web site or any other communication from us. It is the responsibility of each individual visitor to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content. This site is intended to provide you only with general information. However, there is no guarantee that this information is comprehensive or accurate. South Carolina Probate does NOT provide legal, financial, or tax advice. Please consult a professional in these areas. Only an attorney licensed in your state can provide you with legal advice. This is a PRIVATE COMMERCIAL WEBSITE and not associated with any governmental agency.