When someone in Bluffton passes away

If a family member who lived in Bluffton has died, the estate will usually be handled through the Beaufort County Probate Court. The main office is at 102 Ribaut Road in Beaufort, and the court also has a Bluffton satellite office at 4819 Bluffton Parkway. Smith Law, LLC helps personal representatives and families work through each step from our office at 200 Okatie Village Drive, Suite 103.

Not every Bluffton address is in Beaufort County. Parts of the Bluffton area, including sections of Sun City Hilton Head, are in Jasper County. If the person lived there, the estate is generally opened in the Jasper County Probate Court instead.

The first steps

Find the original will. Look in the home office, a safe deposit box, or with the attorney who prepared it. Whoever has the original must deliver it to the probate court within 30 days after learning of the death (South Carolina Code Section 62-2-901).

Decide whether probate is needed. Not everything passes through probate. Assets held jointly with right of survivorship, accounts with a named beneficiary, and property held in a trust may pass outside the court. If the probate estate is $45,000 or less after liens and encumbrances, a successor may be able to collect personal property by affidavit (South Carolina Code Section 62-3-1201), or the estate may qualify for summary administration (South Carolina Code Section 62-3-1203). The affidavit procedure covers personal property only, so it cannot be used to transfer a house or other real property. If the person owned a Bluffton home in their own name, the estate will usually need to be opened.

Open the estate. The personal representative files an application with the Beaufort County Probate Court, along with the will and a death certificate. After appointment, the court issues a certificate of appointment, often called letters, that gives the personal representative authority to act.

What the personal representative does

The person appointed has real duties under the South Carolina Probate Code. They typically include:

  • Creditors, inventory, and debts. The personal representative publishes notice to creditors, files an inventory of the estate’s assets, and pays valid debts and expenses. Our Beaufort County probate page lists the statutory deadlines for each step.
  • Dealing with the house. Many Bluffton estates include a home in a planned community. The personal representative may need to keep up association dues, insurance, and utilities until the property is sold or distributed.
  • Final accounting and closing. Once claims are resolved and property is distributed, the estate is closed with the court.

Common Bluffton situations

A home that needs to be sold. If the estate includes a Bluffton home, our office can also handle the sale closing, which keeps the probate and the real estate work coordinated.

Heirs who live out of state. It is common for every child to live somewhere else. Much of the paperwork can be signed and returned by mail, and we keep the family updated by phone and email.

Property in more than one state. If the person also owned real estate in another state, an ancillary proceeding may be required there. We help coordinate with counsel in that state.

No will. If there is no will, South Carolina intestacy law decides who inherits, and the court appoints a personal representative based on a priority list (South Carolina Code Section 62-3-203).

Frequently asked questions

How long does probate take in Beaufort County?

Because creditors have eight months to present claims, most estates stay open at least that long, and complex estates can take longer.

Do I have to go to the courthouse in Beaufort?

Many filings can be handled by our office, and an uncontested estate opened in informal proceedings usually does not require a hearing.

Is a personal representative personally responsible for the estate’s debts?

Generally no. A personal representative is not personally liable on contracts properly made for the estate, though there are exceptions, including for their own fault (South Carolina Code Section 62-3-808). They do have duties to the estate and its beneficiaries, so it helps to have guidance.

Can the house be sold before the estate is closed?

Often yes, once the personal representative has been appointed and has authority to sell (South Carolina Code Section 62-3-715), unless the will or a court order limits that power. Title insurers often require a power of sale in the will, the heirs’ joinder, or a court order before they will insure the buyer.

If you have been named personal representative or are not sure where to start, call Smith Law, LLC at 843.705.4400. You can also reach us through our contact page. Our office is at 200 Okatie Village Drive, Suite 103, Bluffton, South Carolina 29909.

Related pages

This page is general information, not legal advice. Contacting us does not create an attorney-client relationship.