When a deceased person (decedent) dies without a will (intestate) or the decedent’s will is found to be invalid by the probate court, the court may appoint an administrator to manage the estate, assets, and liabilities of the decedent. The administrator must be qualified or approved by the court and in some instances may be required to post a bond to secure the assets of the estate.
Upon appointment of an administrator by the probate court the court may issue letters of administration that authorize the administrator to administer the decedent’s estate by collecting amounts due to the estate, paying any outstanding debts of the estate, and distributing the assets of the estate in accordance with the state’s intestate succession laws.
Laws and procedures vary from state to state but an administrator—and the administrator’s administration of the estate—may be supervised or unsupervised by the probate court and may be with or without a bond required from the administrator.
In South Carolina, when a person dies without a will (intestate) or their will is deemed invalid, the probate court will appoint an administrator to manage the decedent's estate. This administrator is responsible for settling the estate, which includes collecting debts owed to the estate, paying the decedent's outstanding debts, and distributing the remaining assets according to South Carolina's intestate succession laws. The appointed administrator must be qualified and approved by the court, and in some cases, may be required to post a bond to protect the estate's assets. The probate court issues letters of administration to the administrator, granting them the authority to carry out these duties. The level of supervision by the probate court over the administrator's actions can be either supervised or unsupervised, and the requirement for a bond depends on the specific circumstances of the estate and the court's discretion.