Probate in South Carolina | SC Legal Resources | FastCounsel

How to Claim Your Share of a Parent’s Estate in South Carolina (No Will)

Overview This article explains how to claim an inheritance when a parent dies without a will (intestate) under South Carolina law. It walks through the steps you or other heirs typically follow in a probate administration, identifies where the estate assets normally go under intestacy rules, and lists practical tips and resources. This is educational […]

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South Carolina: Surviving Spouse Rights When a Spouse Dies Without a Will

What rights does a surviving spouse have in South Carolina when a spouse dies without a will and the family cuts you out? Quick answer: In South Carolina, a surviving spouse has legal rights to inherit under the state intestacy rules and to participate in or control the probate process. The spouse normally has priority […]

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How to Get Appointed Estate Administrator in South Carolina When a Spouse Dies Intestate

Detailed Answer If your spouse died intestate (without a valid will) in South Carolina and their family will not cooperate, you can still become the court‑appointed personal representative (commonly called the administrator) of the estate. South Carolina handles wills, probate, and intestacy under the South Carolina Code (Title 62). For statutory text and rules about […]

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Claiming Foreclosure Surplus Funds for a Deceased Parent in South Carolina

FAQ: How do I claim surplus funds after a foreclosure of my deceased parent’s property when their estate was never probated? Short answer: In South Carolina, surplus funds from a foreclosure sale are controlled by the court that conducted the sale (usually the circuit court through a master-in-equity). To claim those funds on behalf of […]

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Transferring an Inherited Single-Member LLC Interest in South Carolina

Detailed Answer This section explains, under South Carolina law, the typical steps and legal concepts that apply when a person dies owning the sole membership interest in a limited liability company. This is educational only and not legal advice. 1. How ownership passes immediately at death When the sole member of a single-member LLC dies, […]

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South Carolina — Which Secretary of State Documents Prove an LLC’s Sole-Member Status

How to prove an LLC's sole-member status using Secretary of State documents (South Carolina) Disclaimer: I am not a lawyer. This is general information about South Carolina law and common bank practices — not legal advice. For help specific to your situation, consult an attorney or the bank. Detailed Answer — What the South Carolina […]

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South Carolina: How to Ask the Probate Court to Require an Accounting of Estate Assets

Understanding Court-Ordered Accountings in South Carolina Probate This FAQ-style guide explains how beneficiaries and interested persons can ask a probate court in South Carolina to require a personal representative or executor to produce an accounting of estate assets and transactions. Detailed answer — what you can request and how it works under South Carolina law […]

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How to Qualify as an Administrator for a Sibling’s Estate in South Carolina

Becoming the Administrator of a Sibling’s Estate in South Carolina: FAQ and Step‑by‑Step Guide Detailed Answer When a person dies without a valid will (intestate) in South Carolina, the court must appoint a personal representative (often called an administrator when there is no will) to manage the deceased person’s estate. If you are a sibling […]

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Can an Estranged Spouse Claim an Estate If Divorce Wasn't Final? — South Carolina Guide

Detailed Answer Short answer: In South Carolina, if a divorce is not legally finalized at the time of death, the surviving spouse is still the decedent’s legal spouse. That means the estranged spouse generally keeps the usual rights of a surviving spouse — including intestate inheritance rights, certain statutory allowances, and the ability to claim […]

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South Carolina: Recovering Funeral Expenses and Pre‑Settlement Costs

Can you recover funeral expenses and other costs you paid before an estate is settled? Short answer: Often yes, but recovery depends on whether the decedent’s estate is opened in probate, whether the estate has assets, and whether the expenses qualify as allowable claims under South Carolina probate law. Act quickly, document everything, and present […]

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