Greenville, SC asked in Probate for South Carolina

Q: can i purchase real property from a closed probate estate?

The property in question is in the deceased's name who died ten years ago. She only had one heir listed in her probate case who was also her personal representative. Her parents were deceased and no other relatives (if any) could be found. The case was closed due to inactivity because the PR failed to file a formal action to prove his common law marriage, essentially to prove that he would rightfully be the aforementioned heir. The case has been closed nearly a decade now. I've tried to contact the PR but have not gotten a response. I wasn't sure if there may be some kind of statute of limitations on this kind of situation. I'm not sure of the proper steps that need to be taken. I understand I may not be able to purchase the land at all, however, I'm trying to do so in good faith of the property.

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Probate Lawyer
  • Knoxville, TN

A: Hire a SC attorney that knows real property to search the title and determine heirship. Then make offers to each heir for their quit claim deed to you. Who is paying the taxes? If noone, there may be a tax sale or a foreclosure sale.

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