Letters Testamentary in South Carolina

The county probate court issues letters to the personal representative. Applicants file an application for informal probate and appointment (the original will must be in the court's possession for informal probate) or a summons and petition for a formal testacy or appointment proceeding. Priority goes to the person named in the will, then devisees, the surviving spouse, other heirs, and later a qualifying creditor. Before receiving letters, the personal representative files any required bond and a statement of acceptance of the duties. Bond is not required when the will or all heirs and devisees waive it, among other cases. Probate or appointment generally cannot begin more than ten years after death. SCDMV and others accept the probate court's certificate of appointment.

The court appoints by priority: a person named in the will, then devisees, then the surviving spouse, then other heirs, and later a qualifying creditor. A person under 18 or found unsuitable by the court cannot serve. A personal representative appointed in the decedent's home state has priority for a nonresident's estate. Bond is not required when all heirs and devisees waive it or the will waives it, among other cases; if bond is required and no amount is set, it must be at least the estimated value of the personal estate.