[SC] How can co-owners force the sale of inherited land when another heir won’t complete probate?

SC Estate Probate

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If the sister will not file a probate case in Texas to settle the mother's probate, which would inherit the interest from the sibling's estate that inherited the interest from your father's estate, then one way to get clear title so you can sell the property would be to "force open" probate. This means you or someone else in the family files a probate case to settle the mother's estate, and possibly the sibling's estate as well if it hasn't been settled either.

In Texas, this is typically done through a proceeding to declare heirship, which allows a court to determine the heirs of someone who died without a will. (TX Est Code § 202.001)

The other way would be for the owners of the land to file suit against the estates of the mother and sibling in South Carolina to have a judge order the sale of the property. Since this land has been held by multiple co-owners across generations, it likely qualifies as "heirs property" under South Carolina's Uniform Partition of Heirs Property Act, which sets out a specific process for co-owners to seek a court-ordered sale or division when one or more owners cannot or will not cooperate. Under that process, the share that would otherwise go to the unsettled estates gets held by the state's unclaimed property office until someone finally settles those estates. (SC Code § 15-61-10)

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My sibling passed away in 2016 and his mother took over his estate. His mother lived in Texas while my sibling lived in South Carolina. His mother passed in 2022 and her estate went to her daughter. We inherited land in South Carolina from our father's estate after he passed in 1997. The 5 acres were originally left to 5 cousins from a previous estate. Now there are 8 cousins living total after the 5 originals have passed away. My sibling's sister has not filed her mother's probate in Texas to settle that estate because she says it's too expensive to settle in Texas. The 5 acres in South Carolina has an offer to be bought but we can't sell because of my sibling's sister in Texas.

Lexi, Chatbot

I'm sorry to hear about the complexities surrounding your family's estate. Can you tell me if there is a will or any legal documentation regarding your sibling's estate and the land in South Carolina?

He didn't have a will. His estate was settled in South Carolina.

Lexi, Chatbot

Have you or any of the other cousins taken any steps to address the probate issue in Texas or the sale of the land in South Carolina?

What steps are a possibility?

Lexi, Chatbot

Is there anything else the Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your estate issues.

No.

Lawyer, Esquire

Hello and welcome to the site! I am a licensed attorney and here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer, since I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation, as I realize it can be frustrating and confusing.

Just so I'm clear: you and your sibling inherited land in South Carolina from your father. Then your sibling passed away in 2016 and his mother inherited his entire estate, and then his mother passed away and his sister inherited his mother's entire estate. So now the sister would stand to inherit the interest in the five acres that her brother would have inherited from his father. Does all that sound correct?

Lawyer, Esquire

In Texas, this is typically done through a proceeding to declare heirship, which allows a court to determine the heirs of someone who died without a will. (TX Est Code § 202.001)

Lawyer, Esquire

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