How long does an executor have to divide a property this left to 3 heirs in South Carolina

UPDATED: Oct 2, 2022

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How long does an executor have to divide a property this left to 3 heirs in South Carolina

Property is one large parcel
for twelve years and all
property taxes have been
maintained. No the three
parties want it split. Is there
a time limit on the executor
fulfilling this action?

Asked on August 9, 2019 under Estate Planning, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no hard and fast answer or firm deadline in the law. The executor has a "fiduciary duty" to the beneficiaries and the estate to act with reasonable care and with loyalty to them. Therefore, the executor should act within a reasonable time frame, but "reasonable" will depend on whether any repairs or renovations, etc. have to be done to prepare the house for sale, local market conditions, etc. If at any time the beneficiaries believe that the executor is taking too long or is perhaps acting in some way in his or interest (as opposed to the interest of the beneficiaries), they can bring a kind of legal action traditionally called an action "for an accounting" to ask the court to review the executor's actions.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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