Little River · Probate & Trust

Selling an Inherited Home in Little River, SC

Clear guidance for an executor or trustee selling a property, handled properly from the first step to closing.

A Note Before You Read

This page is general information about selling a home from an estate or trust in South Carolina. It is not legal advice. Who may sell, and how, depends on the will, the trust document, and the court, so please talk with the estate attorney before you act. I am a real estate professional, not a lawyer, and my part is the sale itself.

Selling an Inherited House in Little River: Authority First

Selling an inherited house in Little River starts with who has the authority to sign. In South Carolina, the probate court has exclusive original jurisdiction over decedents' estates, and the first proceeding is opened in the county where the owner was domiciled, or, for an owner who lived outside South Carolina, in a county where they owned property. When the owner lived in Horry County, that is the Horry County Probate Court. A personal representative generally may not sell the estate's real property unless the will authorizes it or the sale follows the procedures the probate code sets out. For a house in a trust, the trustee's authority usually comes from the trust document. Local to Coastal Realty asks for that proof before listing, because the closing attorney will.

What Is Different About an Estate Sale Here

Disclosure. South Carolina's disclosure law does not apply to a transfer by a fiduciary in the course of administering a decedent's estate or a trust; whether your sale qualifies is the attorney's call.

The deed fee. A sale to a buyer carries the deed recording fee of $1.85 per $500 of value, $925 on a $250,000 sale. A deed of distribution that simply passes the house to an heir under the probate code is not subject to that fee.

The tax bill. If the house was the owner's legal residence and no heir moves in, ask the attorney and the county whether the 4 percent rate still applies, because other property is assessed at 6 percent. Horry mails tax notices October 1, due January 15.

Holding a Vacant House on the Coast

Confirm with the insurer that coverage stays in force while the house is empty, keep the flood and wind and hail policies paid, keep the utilities on, and have someone check the house after storms. If it was rented to guests, ask the attorney how future bookings and the county hospitality fee filings are handled. I can be your eyes on the house.

As-Is, the Basis, and Disagreements

We compare the as-is price, the after-repair price, and the repair costs and time. For tax purposes, an inherited house generally takes a basis equal to its fair market value on the date of death, or the later alternate valuation date the personal representative chooses, according to IRS Publication 523. When heirs disagree, the estate attorney decides how it is resolved, and every heir gets the same comps from me. See what your Little River home is worth and selling your home in Little River, and call me when you are ready.

Frequently Asked Questions

Which court handles probate for a Little River house?

It is the probate court in the county where the owner was domiciled. When the owner lived in Horry County, that is the Horry County Probate Court. For an owner who lived outside South Carolina, it can be a county where they owned property.

Does an estate sale need a disclosure statement in South Carolina?

South Carolina's disclosure law does not apply to a transfer by a fiduciary in the course of administering a decedent's estate. The estate attorney confirms whether your sale qualifies.

Is there a deed fee when the house goes to an heir?

A deed of distribution passing the house to an heir under the probate code is not subject to South Carolina's deed recording fee. A sale to a buyer is.

Little River

What probate & trust looks like in Little River

The oldest community on the north end of the Grand Strand, with charter boats on the Intracoastal Waterway and a Blue Crab Festival every May.

Little River is the oldest of the 14 communities on the north end of the Grand Strand. Deep-sea fishing charters leave the waterfront at sunrise.

The town holds a Blue Crab Festival each May and a Shrimp Festival each October, and Vereen Memorial Gardens has boardwalks and trails along the Intracoastal Waterway.