After the death of a loved one, there are many things to do – some personal, some administrative, and some legal. The following guide is intended to help you through that process, in the following general order:
- First things first
- Make funeral arrangements
- Gather important paperwork
- Inform parties of death (and stop or apply for benefits)
- Settle the estate
Do expect to jump around between sections, as things don’t always proceed step by step.
Don’t be daunted by all the checkboxes. You won’t need to do all the things listed below, as the exact tasks depend on individual circumstances.
Let’s get started.
1. First Things First
These items should be taken care of within the first hours and days after death.
– Identify the personal representative / executor. The personal representative (as it’s called in South Carolina) has the critical job of settling the estate of the deceased. This is usually a close loved one like a spouse or responsible adult child. The personal representative is named in the will; if there is no will, the probate court will appoint a personal representative. (See below under Settle the Estate for more details.)The personal representative is typically in charge of carrying out or delegating the tasks below.
– Find a funeral home to handle the remains and take care of arrangements. Even if there are no plans for a funeral, showing, or ceremony of any kind, a funeral director is licensed in the state to handle human remains and can help with the necessary paperwork, including the death certificate.
– Inform family and friends of the death, as well as the deceased’s workplace, school, agent(s) of POAs, guardian, conservator, or any other party relying on him or her. This is a task that can be divided among a few family members.At this time, you may also want to inform the family lawyer, financial advisor, and tax preparer/accountant as a courtesy and for help as needed throughout the process.
– Make arrangements for dependents and pets as needed, if arrangements have not already been made.
– Start vacating deceased’s home if required. If the deceased lived in an apartment or other rental, check the lease or speak with the landlord to determine how long you have to vacate the premises. It’s often 30 days, but it could be more or less. Important: Do not dispose of anything without the explicit permission of the personal representative. Ideally, the personal representative will take part in the cleaning process from the start.
2. Make Funeral Arrangements
– Ascertain the deceased’s last wishes. Surviving family members may already know what kind of service and burial/cremation the deceased wanted. If not, check whether the deceased included last wishes in his or her last will, living will, or advance directive, if available.
– Request honors for veterans and active-duty military. Surviving family members of eligible veterans and active-duty military members may request funeral honors and items such as the playing of Taps, a burial flag, an urn, and more. Your funeral director can make arrangements for honors at the service with 48 hours’ notice. You can request memorial items before or after burial. Learn more on the USA.gov Military Funeral Honors page here or call 1-844-872-4681.Certain veterans and active-duty military members may also be eligible to buried in a national cemetery. Learn more about that on the VA website here or call 1-800-698-2411 (TTY: 711).
– Make arrangements and hold services. Your funeral director will help you with the process, including requesting information or completing paperwork for compliance purposes.
In South Carolina, authorization is required for cremation. If the deceased filled out a pre-need authorization before death, that will be on file with the pre-selected funeral home or crematorium. If not, an at-need authorization form can be filled out by an agent of the deceased. You can find both these forms on the SC Board of Funeral Service page and scrolling down to the “Forms” section at the bottom, or navigate directly to the PDF here.
– Send thank you notes afterwards. It’s kind and customary to send a thank-you note to those who sent condolence notes and flowers, gave the eulogy, acted as pallbearers, performed music, or otherwise helped in planning and carrying out services, and anyone else whose presence or actions were a comfort to you.
3. Gather Important Paperwork
Much of tying up loose ends after someone’s death is submitting the right document to the right party. Here are the kinds of documents that should be collected:
Request official documents from the state
The links below are for deaths, marriages, and divorces that occurred in South Carolina. If you need records from another state, contact that state’s vital records agency or the relevant county clerk’s office.
– Death certificate. The funeral home will complete and file the death certificate in the county where the death occurred, and many funeral homes provide a limited number of copies to surviving family members.
Additional certified copies may be requested online, by phone, by mail, or in person from the Vital Records division of the SC Department of Public Health. Learn more on the Vital Records website here or call 803-898-3630.
We recommend getting ten (10) certified copies of the death certificate in most cases. Very complex estates could need more.
– Marriage certificate. Not always required. For marriages that occurred in South Carolina, request copies from relevant county or from the Vital Records department. Learn more here or call 803-898-3630.
– Divorce decrees. Not always required. For divorces that occurred in South Carolina, request copies of the Report of Divorce from the relevant county or from the Vital Records department. Learn more here or call 803-898-3630.
Obtain documents from the deceased’s personal files regarding:
- Last will and testament
- Social Security number
- Life insurance policies
- Retirement account and/or pension information
- Federal income tax returns for the past 3 years
- C. State income tax returns for the past 3 years
- Federal gift tax records
- Real estate deed(s)
- Mortgage(s)
- Vehicle title(s)
- Bank and financial account(s)
- Stocks and bonds information
- Credit card account(s)
- Veteran’s discharge papers (DD-214)
- Safe deposit information (and keys)
- Trust documents
- Adoption decree(s), as needed
- Bankruptcy papers
- Other documents specific to the deceased
This list is a good starting point. As you go through the process of settling the estate (see more below), you may find you need additional documents.
Tip: Where to look
Locating another person’s items after death can be challenging. Here are some places to look if you can’t easily find the documents above:
- File cabinets, folders, binders, safes are the first places to look
- Estate planning attorney who drafted the will, trusts, or other estate planning documents; some attorneys keep original copies
- Safety deposit boxes for important and sensitive documents
- Mail for correspondence on accounts, which can help you find account numbers
4. Inform Parties of Death and Stop and/or Apply for Benefits
Wait to formally inform creditors, like mortgage lenders and credit card companies, until after speaking with a probate attorney (see below). Do not wait to put a stop to benefits.
Inform relevant agencies and parties to stop benefits
If the deceased was receiving regular payments or benefits, the personal representative should ensure the government agencies are informed of the death as soon as possible (within a few days or weeks) to avoid overpayment. All overpayments must be paid back.
Federal-level agencies to inform, as needed:
– Social Security Administration (SSA) and Medicare. The funeral director usually reports the death to the SSA, which in turn informs Medicare. Learn more on the USA.gov website here. Verify with the funeral director that the SSA was informed, and if not, call to report the death yourself at 1-800-772-1213 (TTY: 1-800-325-0778).
– Veteran Affairs (VA). Report the death of a veteran to the VA as soon as possible. Learn more on the VA website here or call 1-800-827-1000 (TTY: 711).
– Defense Finance and Accounting Service (DFAS). Report the death of a military retiree to the DFAS as soon as possible to avoid overpayment. Learn more on the DFAS website here or call 1-800-321-1080.
– US Office of Personnel Management (OPM). Report the death to the OPM if the deceased was a federal employee (go here for more information) or a federal retiree (go here for more information) receiving benefits.
State-level agencies to inform, as needed:
– SC Public Employee Benefit Authority (PEBA). Report the death to PEBA if the deceased was a South Carolina State employee; learn more on the PEBA website here or call 1-888-260-9430.
– SC Department of Social Services (DSS). Inform the DSS if the deceased was receiving SNAP, TANF, KinGAP or foster-care payments, adoption assistance, or any other assistance program benefits. Learn more here or call 1-800-616-1309. Contact any other state-administered assistance programs as needed.
– SC Department of Employment and Workforce (DEW). Inform the DEW if the deceased was receiving benefits through the Unemployment Insurance program; call 1-866-831-1724, Relay 711.
Other parties to inform, as needed:
- Insurance company paying workers’ compensation benefits
- Insurance company paying long-term disability (LTD)
- Union or private pension providers
Tip: Check the deceased’s mail, documents, or bank statements, or call the employer’s HR department to find contact information of the correct party to notify.
This list may not be comprehensive. Contact all relevant parties as needed. The USA.gov website has a long list of federal agencies to potentially notify when someone dies; check that out here.
Inform other parties to close accounts or make changes as needed
The personal representative should inform the following parties, if relevant:
– US Postal Service (USPS). Learn how to stop or forward mail of the deceased on the USPS website here, or call or visit your local USPS location.
– US Citizenship and Immigration Services (USCIS). If the deceased was a petitioner, financial sponsor, or both for any pending USCIS application, inform the USCIS of the death, even if the deceased was a US citizen. Learn more on the USCIS website here or call 800-375-5283 (TTY 800-767-1833).Look into Humanitarian Reinstatement if Form I-130, Petition for Alien Relative, was approved before the petitioner’s death. Learn more about it on the USCIS website here.
– SC Department of Social Services (DSS). If the deceased was paying or receiving child support, or was enrolled in the Adult Protective Services (APS) program, the DSS must be notified. Find contact information for APS here and for child support here or call the Child Support Call Center at 1-800-768-5858.
– Credit bureau. Inform one of the three credit bureaus (Equifax, TransUnion, or Experian), which will inform the other two; learn more on the Experian website here.
Apply for benefits in a timely manner
The beneficiary should apply or verify eligibility for benefits in a timely manner. In cases where the surviving spouse or child is the personal representative, he or she will apply as the beneficiary. Otherwise, as a courtesy, the personal representative can advise the next of kin to complete these tasks if applicable.
Parties to contact, if relevant:
– Social Security Administration (SSA). Surviving family members may be eligible to receive a one-time lump sum death payment (LSDP) of $255 and/or ongoing benefits. Learn more on the SSA website here or call 1-800-772-1213 (TTY: 1-800-325-0778).
– Veteran Affairs (VA). Certain surviving family members are eligible to receive a Survivors Pension; learn more on the VA website here. Dependency and Indemnity Compensation (DIC) is also available to eligible surviving family members; learn more on the VA website here or call 1-800-827-1000 (TTY: 711).
– Department of Defense (DoD) Department of War (DoW). Eligible survivors of a member of the Armed Forces who died while on active duty or in other select circumstances may be entitled to a one-time, tax-free payment of $100,000. Learn more here.
– Defense Finance and Accounting Service (DFAS). If the deceased had enrolled in the Survivor Benefits Plan (SBP), then a Verification for Survivor Annuity form (DD 2656-7) will be sent in the mail to the address on record that must be completed and sent back to begin receiving annuity payments. Learn more on the DFAS website here or call 1-800-321-1080.
– US Office of Personnel Management (OPM). Upon being informed of the death, the OPM will mail a packet to survivors with forms to fill out and return to begin receiving benefits. Learn more here or call 1-888-767-6738.
– SC Public Employee Benefit Authority (PEBA). Complete required survivor-benefit claim forms to confirm eligibility of benefits; learn more on the (PEBA) website here or call 1-888-260-9430.
– SC Workers’ Compensation Commission. If the deceased’s death was work related, the dependent must file Form 52 within 2 years of the death to receive death benefits. Find more information on the FAQ page with a link to forms here or email claims@wcc.sc.gov with any questions.
– Union pension survivor benefits. If the deceased was part of a union (e.g., Teamsters or United Auto Workers), contact the union for instructions on what to do next.
This list may not be comprehensive. Contact all relevant parties as needed.
Inform personal and professional associations
Do this as a courtesy and/or to close accounts and prevent recurring dues/fees:
- Gyms and health clubs
- Professional groups and unions
- Alumni groups
- Hobby groups and associations
- Automobile service clubs
- Other organizations specific to the deceased
Note: If the deceased recently moved to South Carolina from another state or country, make sure to notify relevant out-of-state parties and check for any assets, benefits, or policies in that state or country.
5. Settle the Estate: Open Probate, Pay Debts, Distribute Assets
Soon after the decedent’s death, his or her personal representative (executor) should begin to administer the estate, ideally working alongside a probate attorney. Here is a brief overview of that process:
– Find a probate attorney. Working with a probate attorney is not legally required in South Carolina, but it is advisable to hire one unless the estate is very small and straightforward. Probate attorneys are paid out of the estate.The personal representative and probate attorney work together to complete the tasks below.
– File a petition for probate with the county probate court within 30 days. The probate court will officially appoint the personal representative, either an individual named in the will or (if there is no will) the next of kin. The most recent will (if any) and death certificate must be furnished to the court within 30 days.See below for links and/or phone numbers to South Carolina counties’ probate courts.
– For small estates: File a Small Estate Affidavit instead after 30 days. A streamlined process is available for estates valued at or below $45,000 with no real estate. A probate attorney can help determine whether this is an option.
(Note: the threshold for summary administration for small estates in SC was raised from $25,000 to $45,000 effective May 8, 2025; see SC Code § 62-3-1203. Not all county probate court pages, linked below, have been updated to reflect this change.)
– Inform creditors and other interested parties. A Notice to Creditors must be published in a newspaper once a week for three weeks. Some probate courts in SC now do this for you. In addition, send formal notices to interested parties, including heirs, beneficiaries, and known creditors such as:
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- Bank(s), credit union(s), brokerage firm(s).
- Mortgage company
- Credit card company
- Auto loan lender
- Other creditors
– Create an inventory and appraisement. List all assets in the probate estate and their estimated value on Form 350PC, Inventory and Appraisement, often available on the website of the county where the decedent died. Submit this to the court within 90 days of the appointment of the personal representative.
– Address Assets Not Subject to Probate. Not all assets are subject to probate. While they are not part of the probate estate, the probate attorney will often help as part of the process. If not, the personal representative can handle them (if he or she is the intended beneficiary) or, as a courtesy, advise the next of kin to do so.
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- Life insurance policies. This includes private, union or association, employer, and government-provided policies. Follow the company’s procedures for payment of proceeds to the named beneficiary. If the deceased was a federal employee or retiree with Federal Employees’ Group Life Insurance (FEGLI) coverage, notify the FEGLI; learn more on the OPM website here.
- Retirement account(s). Follow the procedures of the company managing the retirement account to ensure funds are paid to beneficiaries.
- Bank and investment accounts that are Payable on Death (POD) or Transfer on Death (TOD). Notify the institution to claim the funds.
- Properties owned as joint tenants with rights of survivorship (JTWROS). The survivor owns the property automatically without having to do anything. However, notifying the county of the death is advisable to keep the chain of title clean and avoid future headaches.
- Vehicles owned jointly or vehicles with a TOD beneficiary. Inform the SC Department of Motor Vehicles (DMV) of the death if a vehicle was owned jointly or had a Transfer-on-Death beneficiary. (If not owned jointly, the vehicle will be part of the probate estate.) Read more here about inheriting a vehicle.
- Trust assets. The probate attorney often helps administer existing trusts, including trusts attached to a pour-over will.
- 529 plans with successor owners. These plans are unique because they do not pass to the beneficiary, but to a successor owner. If no successor owner is designated, it will be part of the probate estate.This list is not comprehensive but covers the most common assets not subject to probate.
– Pay money owed. Debts and taxes are paid out of the estate first, including funeral bills, court and administration fees, attorney’s fees, and the personal representative’s fee (if not waived). Keep track of all transactions.
Note that creditors have eight (8) months from the time the Notice to Creditors is published or one year from the date of death, whichever is earlier, to make a claim against the estate.
Learn more about filing the final federal tax return after someone has died on the IRS website here and about the final SC State tax return here.
– Distribute assets. Assets may be distributed to heirs according to the terms of the will or, if no will, according to state intestacy laws.
– Submit a final accounting to the court. This document shows income, expenses, distributions, remaining assets, and more of the estate.
– Close the estate. Once everything is done, fill out and file a settlement or closing document as required by the county to officially close the estate.
South Carolina County Probate Courts Contact Information
Here are links and/or phone numbers for South Carolina probate courts / estate administration pages by county:
- Abbeville County: https://abbevillecountysc.com/probate-court/ (864) 366-5312, ext. 62
- Aiken County: https://www.aikencountysc.gov/376/Estates 803-642-1715
- Allendale County: no probate court page; (803) 584-3157
- Anderson County: https://www.andersoncountysc.org/departments-a-z/probate-court/ (864) 260-4000
- Bamberg County: https://www.bambergcounty.sc.gov/county-courts/probate-court (803) 245-5191
- Barnwell County: no probate court page; (803) 541-1031
- Beaufort County: https://beaufortcountysc.gov/probate-court/estate-administration.html (843) 255-5850
- Berkeley County: https://berkeleycountysc.gov/dept/probate/ (843) 719-4519
- Calhoun County: https://www.calhouncountyprobate.net/estates (803) 874-3514
- Charleston County: https://www.charlestoncounty.gov/departments/probate/estate.php (843) 958-5031
- Cherokee County: https://cherokeecountysc.gov/probate-court/ 864-487-2583
- Chester County: https://chestercountysc.gov/courts/probate-court/ (803) 385-2604
- Chesterfield County: https://www.chesterfieldcountysc.com/probate-court (843) 623-2574
- Clarendon County: https://www.clarendoncountysc.gov/our-government/probate/ 803-433-3263
- Colleton County: https://www.colletoncounty.org/probate 843-549-5571
- Darlington County: https://darcosc.com/courts_legal/probate_judge.php 843-398-4310
- Dillon County: https://dilloncountysc.org/courts/probate_judge.php (843) 774-1423
- Dorchester County: https://www.dorchestercountysc.gov/government/courts-judicial-services/probate-court/estate-division (843) 563-0100
- Edgefield County: https://edgefieldcounty.sc.gov/probate-court/ 803-637-4076
- Fairfield County: https://www.fairfieldsc.com/departments/probate-court/estate-administration 803-712-6519
- Florence County: https://www.florencecountysc.gov/offices/elected/probate-court/estate.php 843-665-3085 (ext. 2)
- Georgetown County: https://www.gtcountysc.gov/224/Probate-Court 843-545-3274
- Greenville County: https://www.greenvillecounty.org/probate/467.7170
- Greenwood County: https://www.greenwoodcounty-sc.gov/probate-court (864) 942-8500
- Hampton County: https://hamptoncountysc.org/25/Probate-Court (803) 914-2172
- Horry County: https://www.horrycountysc.gov/departments/probate-court/ (843) 915-5370
- Jasper County: https://www.jaspercountysc.gov/public-safety-offices/county-courts/probate-court/ 843-726-7700
- Kershaw County: https://www.kershaw.sc.gov/government/departments-h-q/probate-court/estates (803) 425-1503
- Lancaster County: https://www.lancastercountysc.gov/366/Probate-Court 803-283-3379
- Laurens County: https://www.laurenscountysc.gov/government/elected_officials/probate_court/index.php 864-984-7315
- Lee County: https://www.leecountysc.org/directory/departments___elected_officials/probate_court_judge.php 803-484-5341 ext. 3155
- Lexington County: https://lex-co.sc.gov/departments/probate-court/estate-administration (803) 785-8324
- Marion County: https://www.marionsc.org/departments/probate_judge/index.php (843) 423-8244
- Marlboro County: https://marlborocounty.sc.gov/government_/departments_.php#collapse1310b19 843-479-5610
- McCormick County: https://www.mccormickcountysc.org/departments/probate_court.php#outer-25 (864) 852-2630
- Newberry County: https://www.newberrycounty.gov/probate-court/estate-administration (803) 321-2118
- Oconee County: https://oconeesc.com/probate-home 864-638-4275
- Orangeburg County: https://www.orangeburgcounty.org/206/Probate-Court 803-533-6284
- Pickens County: https://www.co.pickens.sc.us/departments/probate_court/index.php (864) 898-5903
- Richland County: https://www.richlandcountysc.gov/Courts-Safety/Probate-Court/Estates 803-576-1961
- Saluda County: https://saludacounty.sc.gov/departments/probate 864-445-4500 ext. 2219
- Spartanburg County: https://www.spartanburgcounty.org/153/Probate-Court 864-596-2556
- Sumter County: https://www.sumtercountysc.gov/departments/j_-_r/probate_court/index.php 803-436-2166
- Union County: https://www.unioncountyprobate.net/ (864) 429-1625
- Williamsburg County: https://www.williamsburgcounty.sc.gov/311/Probate-Court 843-355-9321 Ext. 6200
- York County: https://www.yorkcountygov.com/169/Probate-Court 803-684-8513
Help with the Process
The process of settling someone’s affairs after death can seem daunting, but help is available. If you’re in the greater Charleston or Myrtle Beach area, call probate attorney Gem McDowell of the Gem McDowell Law Group at 843-284-1021 to schedule your free consultation today.
Learn More:
Check out these other related articles on our website by topic:
Personal Representative – Probate
I’m a Personal Representative – Now What? Rights, Roles, Responsibilities, and Risks
Clearing Up Confusion About Probate in South Carolina
Should Your Estate Go Through Probate? Why or Why Not?
Probate vs. Non-Probate: A Practical, In-Depth Look at Assets After Death in South Carolina
Wills – Inheritance – Disinheritance / Omission – Elective Share
What Happens If You Die Without a Will in South Carolina?
Left Out of the Will – Now What? Omitted Spouse, Pretermitted Child
The Omitted Spouse: When the Spouse is Left Out of the Will
I’ve Been Disinherited – Now What?
Spousal Elective Share: What It Is and How to Claim it in South Carolina
Heirs’ Property
What is the “Heirs’ Property Tax Relief Act”? Help Clearing Titles




