Mortgage and utility responsibilities during probate in South Carolina
What happens to mortgage payments and utilities while an estate is in probate in South Carolina? Short answer: Probate does not remove the mortgage lien or automatically cancel utility bills. The executor (personal representative) or administrator must protect estate assets, which usually means keeping mortgage payments, property insurance, taxes, and essential utilities current from estate […]
Read article →South Carolina — How to Decide Which Assets to List on a Small Estate Affidavit
How to Decide Which Assets to List on a Small Estate Affidavit (South Carolina) This FAQ explains, in plain language, how to decide which assets to include on a small‑estate style affidavit or collection affidavit under South Carolina law. It focuses on identifying assets that belong to the decedent's probate estate versus assets that pass […]
Read article →Locating a Missing Parent During Probate in South Carolina: A Practical FAQ
What to do when a parent cannot be found during probate in South Carolina Disclaimer: This is general information only and is not legal advice. For advice about a specific case, consult a licensed South Carolina probate attorney. Detailed answer — step‑by‑step guide When someone dies and their estate goes through probate, the court and […]
Read article →South Carolina — Do I need to include right-of-survivorship assets on a probate inventory?
Detailed Answer Short answer: Usually no — assets that pass automatically by right of survivorship do not become part of the decedent’s probate estate and therefore typically are not listed as estate assets on a probate inventory. However, you should carefully document and disclose those transfers when appropriate to the court or creditors because exceptions […]
Read article →How to Determine If Bank Accounts Qualify for the $20,000 Small Estate Process in South Carolina
Determine Whether a Bank Account Falls Under the $20,000 Small‑Estate Limit in South Carolina Short answer: To know whether a decedent’s bank account(s) are under the $20,000 small‑estate limit you must (1) identify which accounts and other assets are subject to probate, (2) add up the value of those probate assets as of the date […]
Read article →Small Estate Affidavit in South Carolina: Claiming a Deceased Parent’s Bank Account
How to Use a Small Estate Affidavit in South Carolina to Claim a Deceased Parent’s Bank Account Short answer: In South Carolina, you may be able to get a deceased parent’s bank account funds by presenting a properly completed small estate affidavit (or a bank’s equivalent affidavit) together with a certified death certificate and ID. […]
Read article →South Carolina Guardianship: Does Appointment as Guardian of the Person Include Estate Authority?
Detailed Answer Short answer: Under South Carolina law, being appointed a guardian of the person does not automatically make you guardian of the estate. The court must appoint a separate guardian (often called a guardian of the estate or conservator) before you have legal authority to manage the protected person’s money, property, or financial affairs. […]
Read article →South Carolina — Do I Need to File a Federal Tax Return for an Estate If No Distributions Were Made?
Do I need to file a federal tax return for an estate if no distributions were made? Short answer: Maybe. Whether you must file a federal estate or fiduciary income tax return depends on the type and amount of income the estate generated after death and the size of the decedent’s gross estate. Even if […]
Read article →How to Transfer Brokerage Account Assets to an Estate Checking Account in South Carolina
How to transfer brokerage account assets into an estate checking account in South Carolina Short answer: If the decedent’s brokerage account does not pass automatically to a surviving owner or beneficiary, the personal representative (executor or administrator) must open an estate checking account and work with the broker to transfer or liquidate the brokerage assets. […]
Read article →Selling a Co-Owned Property in South Carolina to Pay Funeral and Property Taxes
FAQ — Selling a Co-Owned Property in South Carolina to Cover Funeral and Property Taxes Disclaimer: This article is for general informational purposes only and is not legal advice. Laws change and every situation is different. Consult a licensed South Carolina attorney to get advice tailored to your situation. Detailed Answer This answer explains how […]
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