What is a grant of probate?

A grant of probate is a legal document issued by the court that allows the executor of a deceased person’s estate to access the assets and manage the affairs of the deceased person. It is issued by a court in South Carolina and is the final step of the probate process. The executor of the estate applies to the court for a grant of probate, and must also provide the court with a copy of the deceased person’s will, a list of known creditors, and other documentation related to the estate. Once the court reviews the paperwork and is satisfied that the executor has properly complied with the duties and responsibilities of the job, they will issue the grant of probate, also known as letters testamentary or letters of administration. This document gives the executor authority to access the deceased’s assets and to disburse them and close the estate according to the terms of the will. The executor must follow the will exactly or the grant of probate may be contested by a creditor or beneficiary who believes they were not given their rightful share of the estate. In some cases, the executor must also post a bond to ensure that the estate is being managed properly and all creditors are paid. In South Carolina, the executor must also file a final accounting of the assets with the court. The grant of probate is a legal document with significant implications, and it is important for the executor to seek legal advice if they are unsure of their legal obligations when managing the deceased’s estate.

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What is a grant of probate?

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