The Claim After A Death
S.C. Code 62-3-801 and S.C. Code 62-3-803 — eight months after the published notice, and never more than a year after the death
On appointment, a personal representative publishes a notice to creditors once a week for three successive weeks in a local newspaper, telling them to present their claims within eight months after the first publication or be forever barred.
The personal representative may also mail a creditor written notice to present the claim within one year of the death or within sixty days of the mailing, whichever is earlier.
A year at most. A claim that arose before the death is barred against the estate, the personal representative, the heirs and the beneficiaries unless presented within one year after the death, or sooner when a notice set an earlier deadline.
A claim that arises at or after the death, such as a contract with the personal representative, is presented within eight months after it is due or arises.
The limits do not stop a lender from enforcing a mortgage or lien on estate property, or a claim covered by the decedent's liability insurance, up to its limits. A particular claim is a question for the probate court or a licensed South Carolina attorney.
Sources for this section (2)
- S.C. Code 62-3-801 — Notice to creditors
- S.C. Code 62-3-803 — Limitations on presentation of claims
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.