How do I prepare and file an inventory and appraisal for my loved one’s probate estate?: North Carolina – South Carolina

Short Answer

In South Carolina, the personal representative (executor/administrator) generally must prepare an inventory and appraisement of the decedent’s probate property, list items in reasonable detail, and state each item’s fair market value as of the date of death. The inventory must usually be filed with the probate court within 90 days after appointment, and a copy must be mailed to interested persons who properly requested notice. If new assets are found later or values were wrong, a supplemental or corrected inventory must be filed.

Understanding the Problem

In a South Carolina probate estate, a personal representative must figure out what property is part of the probate estate, determine date-of-death values, and then file an inventory and appraisal with the probate court on time. The key decision point is whether the personal representative has gathered enough information to list probate assets with reasonable detail and fair market values as of the date of death so the inventory can be filed within the required deadline after appointment.

Apply the Law

South Carolina law requires a personal representative (other than a special administrator, and other than a successor representative if a prior representative already completed the task) to prepare an inventory and appraisement of the decedent’s probate property owned at death. The inventory must list items with reasonable detail, show each item’s fair market value as of the date of death, and identify any encumbrances (like liens or loans) tied to an item. The original inventory is filed in the probate court handling the estate, generally within 90 days after appointment. The personal representative may hire qualified, disinterested appraisers when needed, and the court can extend the deadline in appropriate cases.

Key Requirements

Identify probate property: Include property owned by the decedent at death that is part of the probate estate (not every asset a person owned is necessarily “probate” property).
List with reasonable detail and date-of-death values: Describe each item clearly enough to understand what it is, and give a fair market value as of the date of death (not today’s value).
File and give required notice: File the original inventory with the probate court within the required timeframe and mail copies to interested persons who filed a proper demand for notice of the inventory filing.

What the Statutes Say

S.C. Code Ann. § 62-3-706 (Inventory and appraisement; 90-day deadline; mailing to interested persons who demanded notice) – Requires an inventory and appraisement of probate property, with fair market values as of date of death, filed within 90 days after appointment (with limited exceptions) and mailed to certain interested persons.
S.C. Code Ann. § 62-3-704 (Administration timeline; inventory filing; court enforcement) – Reinforces the 90-day inventory filing requirement and allows court enforcement if the duty is neglected.
S.C. Code Ann. § 62-3-707 (Employment of appraisers) – Allows the personal representative to use qualified, disinterested appraisers and requires identifying appraisers on the inventory.
S.C. Code Ann. § 62-3-708 (Supplementary inventory) – Requires a supplemental/corrected inventory if new property is discovered or prior values/descriptions were wrong or misleading.

Analysis

Apply the Rule to the Facts: In a typical probate estate, the personal representative must first separate probate assets from nonprobate transfers (for example, assets that pass by beneficiary designation). Next, the personal representative must gather documentation (statements, deeds, titles) to describe each probate asset with reasonable detail and determine a fair market value as of the date of death. If an asset’s value is not straightforward (such as real estate or a closely held business interest), the personal representative can use a qualified, disinterested appraiser and list that appraiser on the inventory.

Process & Timing

Who files: The personal representative (executor/administrator). Where: The South Carolina Probate Court in the county where the estate is opened. What: The court’s inventory and appraisement form (many counties use standardized probate forms). When: Within 90 days after appointment, unless the court extends the time.
How to prepare the inventory: Collect date-of-death account statements and ownership records; list each probate asset with reasonable detail; put a fair market value as of the date of death; and note any encumbrance tied to the item (for example, a mortgage balance tied to a house).
After filing: Mail copies to interested persons who filed a demand for notice of the inventory filing, and keep proof of what was sent and when. If later-discovered assets appear (or a value/description was wrong), file a supplemental or corrected inventory.

Exceptions & Pitfalls

Mixing probate and nonprobate assets: A common mistake is listing assets that pass outside probate (or failing to list probate assets). South Carolina law also allows interested persons to demand a list of nonprobate property, which has its own timing and mailing requirements.
Using the wrong value date: The inventory generally uses fair market value as of the date of death, not the value on the date the inventory is prepared.
Leaving out liens and loans: The inventory should identify the type and amount of any encumbrance tied to an item (such as a vehicle loan or mortgage), rather than listing only the asset without the related debt information.
Missing the deadline: If the inventory is not filed on time, the probate court can enforce compliance and may impose sanctions. If more time is needed, requesting an extension is often better than filing late.

For more detail on how to describe personal property without creating unnecessary disputes, see how to list personal property on a South Carolina estate inventory. For a broader view of timing, see key South Carolina probate deadlines.

Conclusion

In South Carolina probate, the personal representative generally must prepare an inventory and appraisement of the decedent’s probate property, list items with reasonable detail, and state each item’s fair market value as of the date of death, including any encumbrances. The original inventory is typically due in the probate court within 90 days after appointment, with copies mailed to certain interested persons who requested notice. The next step is to file the inventory and appraisement with the Probate Court within 90 days of appointment (or request an extension before the deadline).

Talk to a Probate Attorney

If a probate inventory and appraisal is due soon or estate assets are hard to identify or value, a probate attorney can help clarify what must be listed, how to document date-of-death values, and how to meet South Carolina Probate Court filing and notice requirements.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.