Duties of the Personal Representative

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Pursuant to S.C. Code Ann. §62-3-703(a):

A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this Code, as expeditiously and efficiently as is consistent with the best interests of the estate. He shall use the authority conferred upon him by this Code, the terms of the will, if any, and any order in proceedings to which he is a party for the best interests of successors to the estate.


Asset control and safeguarding duties

One of the first and most important duties of the Personal Representative is to gain control of the decedent's assets as soon as possible to prevent theft and vandalism. If there was a residence that is now unoccupied, locks should be changed and fire insurance policies should be reviewed to determine if an extended vacancy automatically terminates the policy. Such insurance should be reviewed to determine if amounts and coverages are adequate.

The safety and security of household goods and personal effects should also receive consideration. If appropriate, the US Post Office should be notified to forward mail to the personal representative. To accomplish part of this task with internet assistance, go to http://www.usps.gov/moversnet/coa.html and fill out the change of address form, print it and deliver it to the nearest post office.


Locating Assets of the Decedent

One of the most important duties of the Personal Representative is to locate and identify anything the decedent owned that had value. This information will be placed on the Inventory and Appraisal (Form #350ES).

The following is a list of places, sites and documents that the personal representative should search:

Income Tax Returns

A review of the decedent's federal and state income tax returns for several years prior to his death may disclose income for which there must be a source.

Bank Statements

A review of bank statements, canceled checks and deposit slips may also disclose income, the source of which may be an estate asset. Canceled checks in payment of insurance premiums may lead to an insurance policy. Canceled checks in payment of
purchase money notes may indicate the existence of other property.

Public Records

A search of local public records may disclose property or other assets held of record by the decedent. Similar searches of real and personal property tax records may disclose assets on which property taxes have been paid.

Fire and Casualty Insurance Policies

A review of the decedent's fire and casualty insurance policies or a schedule of personal effects can be helpful.

Bureau of Public Debt - Bonds

The Bureau of Public Debt suggests sending a letter of inquiry to it concerning whether or not a decedent owned any United States Government Savings Bonds. The Bureau's internet site has a lot of helpful information - http://www.publicdebt.treas.gov

Decedent's Brokers

If the decedent was known to have invested in securities, a letter of inquiry by the representative to the decedent's broker and other possible or likely brokers inquiring about brokerage accounts may disclose additional assets.

Banks and Savings and Loans

The representative should also consider writing to local banks, savings and loan associations, and credit unions in the city and county where the decedent lived and in other likely areas, inquiring about accounts and safe deposit boxes.

Decedent's Employer

A letter from the representative to the decedent's employer, inquiring about payments or benefits due to the decedent, may also disclose other assets.

Credit Life Insurance

For certain kinds of creditors, it is possible that the decedent may have credit life insurance. A letter from the representative to such creditors inquiring about the possible existence of such insurance may reveal coverage.

Decedent's Organizations

If the decedent was a member of a trade association, a professional association, or other organization, he may have been covered under group life or accident insurance and may have other membership benefits which the representative should seek to obtain.

Veterans Benefits - If Applicable

If the decedent was a veteran, veterans benefits of various kinds may be available. The representative should inquire about the possibility of such benefits at the nearest office of the Veterans Administration.

More Information 

For more information about veterans benefits go to the Dept. of Veterans Affairs homepage at http://www.va.gov.  If the decedent was a veteran, the Representative should determine if there are any veterans death benefits. Deceased veterans may also be entitled to a U.S. Flag for burial purposed and a headstone or grave marker.

Beneficiary of Estate

If the decedent was or may have been a beneficiary of another estate, the records of such prior estate should be reviewed in the appropriate probate court to determine what assets the decedent as a beneficiary received.

Social Security Benefits

A Representative is no longer qualified to obtain Social Security death benefits of the decedent. If the decedent was covered by Social Security, left no eligible widow, and the expenses of his last illness and funeral were paid by an entitled survivor (i.e., a survivor
entitled to benefits of the decedent while he was living), such survivor, under some circumstances, may be entitled to lump sum death benefits up to a maximum of $255.00. For additional information, go to http://www.ssa.gov/pubs/deathbenefits.htm