Get a Secure Inheritance Loan, usually within 72 Hrs if you’re an Heir or Beneficiary of an Estate in South Carolina, in Probate or Trust
If you are currently dealing with, or about to deal with, the South Carolina state court system with respect to a probate or estate issue – the following information should be helpful to you.
Probate law governs estate matters when someone who, such as a family member or other loved one, passes away. These laws insure that creditors are paid properly and that assets are distributed correctly to the “heirs,” or the descendant(s) of the estate.
What is the purpose of Probate? Probate is the legal process that deals with estate assets and property, with regard to heirs and creditors. Probate begins with a “petition” to open the estate and name a personal representative who is responsible for the administration of the deceased’s property.
The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
South Carolina Probate Law
Probate in the state of South Carolina requires that the people managing your estate and inheritance matters are aware of how probate is to be conducted in this state, with respect to state probate regulations, deadlines and written documents. These regulations are critical, as proper probate procedure has a material affect on how and when heirs in South Carolina can receive their inheritance.
When dealing with South Carolina probate, the share the surviving wife or husband is entitled to is of particular importance – as is the manner in which all formal documents, including the will, are written, executed, and submitted; plus, the manner in which the probate process is in itself started. In order for the probate process to even begin in the state of South Carolina, an administrator must be designated by the probate court.
In South Carolina, the surviving wife or husband (spouse) of a decedent who passes away “intestate” (leaving no will), inherits the complete estate, given that there is no “surviving issue” concerning the decedent. A qualified probate attorney would be able to insure that there is no outstanding issue to be concerned with. If there actually is a surviving issue of the decedent, surviving wife or husband’s share of the estate will be 50% of the intestate estate.
South Carolina’s strict guidelines and document deadlines must always be followed carefully, or your probated estate may run into unforeseen delays and obstacles, which should be avoided, as it can lengthen the time that heirs are forced to wait for their inheritance.
Anyone dealing with a South Carolina probate should be familiar at least with the execution of the will. In South Carolina, wills have to exist in writing, and must be signed by the testator. Another person can sign the testator’s name, but it must be clear in the will that the will is being handled in this manner, and that the testator is “competent” and agrees to the will being signed in this manner. A will written in the state of South Carolina must be signed by at least two people, both having witnessed the signing of the will or the testator’s agreement to another person signing the testator’s name. It is always helpful to have an attorney present for such matters.
According to South Carolina probate law, there has to be an “appointment of administration” before a motion to probate the estate can granted. In order to take on the authority of the personal representative, a person must be appointed by the court. Only then are they allowed to take on the personal representative’s duties.
It would be advisable to have an experienced South Carolina probate attorney involved during probate to accomplish all of these tasks quickly and correctly. Hiring a probate lawyer who is familiar with South Carolina probate law would be extremely helpful. The probate attorney can be there through the entire probate process to insure the inheritance process is being handled properly. It is not advisable to go through South Carolina probate alone, in order to protect your inheritance and the inheritance of the other heirs, should there be other heirs involved in the estate.
South Carolina Probate
South Carolina has 46 probate courts and 46 judges. The probate courts have jurisdiction over mental health and estate cases and do not allow jury trials. The Family Court has juvenile jurisdiction.