The South Carolina Executor (Personal Representative) Checklist is subject to local, state and federal laws and regulations and court decisions as precedent. Please consult South Carolina legal counsel regarding any points of law in probating a South Carolina estate. This South Carolina executor’s guide should not be used as a substitute for competent legal advice. The purpose of this personal representative checklist is to provide general information, not provide specific probate legal advice. The law constantly changes and is subject to differing interpretations. Always consult with your South Carolina probate attorney and act only on his or her advice.
A. Make burial and funeral arrangements.
B. Executor Checklist for What Documents to Collect. In addition to locating a Last Will and Testament, collect the following documents in order to establish insurance, pension, social security and ownership rights:
C. Who to notify
D. Notify Credit Reporting Agencies. Notify all three of the following national reporting agencies of the death and instruct them to list all accounts as “Closed. Account Holder is Deceased.” Include a copy of the death certificate.
E. Executor Checklist for What Advisors to Hire:
Executor Checklist for Critical Dates
Date of Death __________
Date Will filed with probate court __________ (required to be within 30 days of death)
Date of your appointment as Executor __________
Date of First Publication to Creditors __________
Date Notification mailed to heirs, devisees, etc. __________ (required to be within 30 days of your appointment)
Date Inventory & Appraisement filed __________ (required to be within ninety days of your appointment)
Date Personal Income Tax Return filed with IRS __________ (required to be April 15th year after death)
Statute of Limitations on filing of Creditor Claims _________ (eight months after date of first publication)
Date of Filing an Accounting & Proposal for Distribution,and Petition for Settlement __________ (within one year from date of first publication or ninety days from receipt of S. C. estate tax closing letter)
Termination of Appointment closing estate __________ (thirty days after filing Petition for Settlement)
Alternate estate tax valuation date ___________ (date of death plus six months)
Federal and State Estate Tax Returns if required ___________ (date of death plus nine months)
Tax Year End of Estate ___________
File Federal and State Fiduciary Income tax returns ___________ (3-1/2 months from estate’s tax year end)
The Probate Court should furnish you with a list of critical dates. If not, ask the probate clerk for one.
In most cases you will not need an attorney to assist you as the personal representative if you live in South Carolina and there are minimal assets in the estate. Simply call the probate court and schedule an appointment. You will need an original of the death certificate, original of the will if there is one, the contact information for all beneficiaries under the will and also all intestate heirs. While the clerk can assist you with the probate forms, the court cannot provide you with any legal advice. If you live out of state, you will need to appoint an agent in South Carolina and usually that should be an attorney.
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