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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 should submit the original will, a certified copy of death certificate, and $10 filing fee to the Probate Court or either retain a Greenville probate lawyer to represent the estate. A clerk will be assigned to the probate case and will work with the executor (personal representative) or the estate attorney. If the decedent did not have a will (intestate), you can obtain initial paperwork to be completed from the Probate Court. The filing fees and costs which are paid to the Probate Court are set by South Carolina law for all estates.

Directions to Spartanburg County Probate Court

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

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

Department Head:
Ponda Caldwell
(864) 596-2556 (Phone)
(864) 596-2011 (Fax)

Email Contact:
Margaret Bradley
mbradley@spartanburgcounty.org

Darlett Owens

dowens@spartanburgcounty.org

Probate records are currently not available online.

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.

South Carolina Probate Lawyers

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

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.




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