What are the time limits for filing a claim for an intestate estate?

In South Carolina, there are time limits for filing a claim for an intestate estate. To begin the process, an executor (personal representative) must be identified. The executor must then file a Petition for Probate of an Intestate Estate with the probate court within 20 days of the decedent’s death. The executor must also notify all potential heirs of the filing. The potential heirs then have nine months from the date of the decedent’s death to make any claims against the estate. The executor has the responsibility to notify any heirs who have not yet been identified of the nine-month deadline. If any potential heirs do not file a claim within the nine-month time period, they may still be able to obtain a share in the estate if they can prove it is equitable to do so. However, these claims must generally be asserted within three years of the decedent’s death or within one year of the appointed executor’s final distribution of the estate, whichever is later. It is important to remember that these time limits do not always prevent an heir from recovering a share of the estate; however, they can be difficult to overcome and so heirs should act promptly in filing any claim against the estate.

Related FAQs

Can an intestate estate be passed to more than one heir?
What happens to joint bank accounts in an intestate succession?
How do creditors get paid in an intestate estate?
Can someone change or revoke an intestate succession?
What is the role of an executor in an intestate estate?
What is the process for determining an intestate estate?
What is the status of taxes in an intestate estate?
What taxes and expenses must be paid out of an intestate estate?
What is intestate succession law?
Are there tax consequences for inheriting from an intestate estate?

What are the time limits for filing a claim for an intestate estate?

Related FAQs

Related Blog Posts