Selling a House After Someone Dies
A plain-English guide for families in Berkeley County and Dorchester County, South Carolina.
Someone you love passed away. They owned a house. Now people are telling you words like probate, personal representative, and deed of distribution — and nobody is explaining what any of it means.
This guide explains it. In normal words. Start anywhere you like.
Start here: the three things most families get wrong
1. You probably cannot sell the house right away. Even if you are the only child. Even if you have the will in your hand. In South Carolina, there are steps that come first. Skipping them can kill your sale at the closing table.
2. The court you deal with is based on where the person lived — not where the house is. This surprises almost everyone. If your mother lived in Moncks Corner but owned a rental in Summerville, the estate is handled in Berkeley County. Here is how to figure out your county.
3. Doing nothing is expensive. An empty house still costs money every month. Taxes, insurance, yard, power. And an empty house can lose its insurance coverage without anyone telling you.
Is there a deadline on your situation?
Most of this can move at a normal pace. Two things can’t. If either applies to you, read that page today.
- A reverse mortgage. The clock started the day the borrower died. Read this now →
- Property taxes already delinquent. If the house has been to tax sale, there is a hard redemption deadline. Read this now →
What is probate, in one sentence?
Probate is the process a court uses to make sure a person’s stuff goes to the right people after they die.
That’s it. It is paperwork, not a trial. Most families never see a judge.
Read the full plain-English explanation →
The path, start to finish
Here is what usually happens. Your situation may skip steps or add steps.
Step 1 — Someone gets put in charge. The court names one person to handle the estate. In South Carolina this person is called the personal representative. Other states call it an executor. Same job. Who is allowed to be in charge? →
Step 2 — The court is told what the person owned. This is called the inventory. It lists the house and everything else. In South Carolina it is generally due within 90 days after the personal representative is appointed.
Step 3 — People who are owed money get a chance to speak up. A notice runs in the newspaper. From the date that notice first runs, creditors have eight months to file a claim against the estate. This is the step that sets your real timeline.
Step 4 — The house gets sold, or gets signed over to the heirs. Which one happens depends on the will and on what the family wants. Sell it, or split it? →
Step 5 — The money gets divided and the estate closes.
How long does all of this take? →
The words people will use around you
You do not need to memorize these. Just know what they mean when a lawyer or a clerk says them.
| What they say | What it means |
|---|---|
| Decedent | The person who died. |
| Personal representative (PR) | The person the court put in charge. Same as “executor.” |
| Estate | Everything the person owned when they died. |
| Heir | Someone who inherits when there is no will. |
| Beneficiary / devisee | Someone named in the will to receive something. |
| Intestate | Died without a will. |
| Power of sale | Wording in a will that lets the PR sell the house without extra court steps. |
| Deed of distribution | The paper that moves the house from the estate to the heirs. |
| Petition for sale | The request you file when the will does not give power of sale. |
Pick the question that sounds like yours
“I don’t understand any of this yet.”
- What is probate? A plain-English explanation
- Does the house have to go through probate at all?
- What to do in the first 30 days
“I need to know who has the authority here.”
- Who is allowed to sell the house?
- What happens if there is no will?
- Which probate court handles the estate — Berkeley or Dorchester?
“The family doesn’t agree.”
“I need to make money decisions.”
- Will we owe taxes when we sell?
- Should we fix the house up first?
- Cash offer or list it? How to compare them honestly
“There are debts against the house.”
- The mortgage is still there — now what?
- Reverse mortgage: the clock is already running
- Medicaid estate recovery and the family home
- Back taxes, HOA liens, and code violations
“Where is the property?”
- Berkeley County
- Summerville — three counties meet here
- Goose Creek
- Moncks Corner
“Just give me the phone numbers.”
A note about Summerville
Summerville is not in one county. It sits in Dorchester County, Berkeley County, and touches Charleston County.
Two neighbors on the same road can end up in two different probate courts. So can two houses in the same subdivision. Never assume. Check the address →
Why families call Jim Mills
Jim Mills, CRS, SRES, ABR, GRI has sold Lowcountry real estate since 1999. The Mills Team has closed more than 2,000 properties, and roughly 94% of the team’s business comes from referrals and repeat clients.
One of those letters matters here more than the others. SRES stands for Seniors Real Estate Specialist — a designation for agents trained to work with older adults and their families, including estates, downsizing, and the financial questions that come with both.
Estate sales are different from regular sales. The paperwork is different. The timeline is different. And usually there is a family in the middle of it who is tired and grieving.
What Jim does for estate families:
- Tells you where you actually are. Before you spend a dollar, you find out what step you’re on and what has to happen next.
- Gives you a date-of-death value. You will likely need one for taxes. This is not the same as today’s price.
- Handles the house so you don’t have to. Cleanout, contractors, yard, security — especially if you live out of state.
- Talks to everybody. The attorney, the title company, and every heir who wants to be kept in the loop.
- Does not push you to list. If holding, renting, or a cash sale is the better answer for your family, he will say so.
Call or text Jim: 843-830-3800 The Mills Team — NextHome The Agency Group 112 West Doty Ave, Suite C, Summerville, SC 29483
Serving Berkeley County (Moncks Corner, Goose Creek, Hanahan, Cane Bay, Nexton, Sangaree, Carnes Crossroads, St. Stephen) and Dorchester County (Summerville, Ladson, Ridgeville, Jedburg, St. George).
Are you an attorney? Resources for probate counsel →
Please read this part. Jim Mills is a licensed South Carolina real estate agent (License #98112). He is not an attorney, an accountant, or a tax advisor, and nothing on this page is legal or tax advice. Probate rules change, and every family’s situation is different. Please talk to a South Carolina probate attorney and a tax professional before you make decisions. Jim is glad to refer you to attorneys who handle these cases every week.
Sources for this page: S.C. Code §62-3-101, §62-3-201, §62-3-711, §62-3-1301 et seq.; Berkeley County Probate Court; Dorchester County Probate Court. Full list with links: Resources