Can I become the personal representative of my sister's estate? (SC)
Can I become the personal representative of my sister's estate? This FAQ explains, under South Carolina law, when a sibling can serve as personal representative (executor/administrator) and what steps are involved. This is general information only and not legal advice. Detailed answer — how South Carolina determines who may serve Short answer: Yes—often you can […]
Read article →What options do heirs have when an estate administrator becomes unresponsive or refuses to distribute assets? (SC)
Disclaimer: This article provides general information about South Carolina probate procedures and is not legal advice. Consult a licensed South Carolina attorney about your situation. Overview If the person appointed by a probate court to handle an estate stops responding or refuses to distribute assets, heirs have several formal and informal options to compel action […]
Read article →How do I apply to be appointed as the personal representative of a deceased relative’s estate in South Carolina (SC)?
Applying to Be Appointed Personal Representative for a Deceased Relative’s Estate in South Carolina Short answer: In South Carolina you ask the probate court in the county where the decedent lived to appoint you by filing the required petition (probate of the will if one exists, or application for administration if there is no will), […]
Read article →How Can Heirs Petition the Court to Reopen a Closed Estate to Claim Unclaimed Assets in SC?
Detailed Answer Under South Carolina law, heirs may petition the probate court to reopen a closed estate when they discover assets that the personal representative did not administer. The court retains jurisdiction to reopen an estate under SC Code Ann. §62-3-100. Any interested party may file this petition within a reasonable time after discharge. Courts […]
Read article →What is the process for inventorying and distributing estate assets among multiple heirs in South Carolina?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer 1. Open Probate and Appoint a Personal Representative After a person’s death, a family member or interested party files a petition in the local probate court to open the […]
Read article →How Do Heirs Locate and Claim Unclaimed Property of a Deceased Relative in SC?
How Do Heirs Locate and Claim Unclaimed Property of a Deceased Relative? Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation. Detailed Answer When a relative dies, financial accounts, insurance proceeds, utility deposits or other assets can go unclaimed if […]
Read article →What Factors Influence the Timeline for Completing the Probate Process in SC?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified South Carolina probate attorney for advice tailored to your situation. Detailed Answer The probate timeline in South Carolina can range from several months to over a year. No single factor dictates the schedule. Rather, the process depends on […]
Read article →What Are the Risks of Probating My Fathers Estate Without Legal Representation in South Carolina?
Disclaimer: This article does not provide legal advice and is for informational purposes only. Consult a licensed attorney for personalized guidance. Detailed Answer Probating an estate involves court proceedings, strict deadlines, and formal notices. Handling your father’s estate without legal representation in South Carolina can expose you to significant risks: Filing Errors: Probate petitions must […]
Read article →If real property passes automatically at death, why must I probate the will in South Carolina?
Disclaimer: This article is educational only and not legal advice. Detailed Answer Under South Carolina law, certain property avoids probate and passes automatically at death. This occurs when property is held as joint tenancy with right of survivorship, tenancy by the entirety, or when assets have payable-on-death (POD) or transfer-on-death (TOD) designations. For example, a […]
Read article →What Steps Are Involved in Notifying Creditors and Handling Claims After a Death in South Carolina?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer 1. Appoint a Personal Representative After someone dies in South Carolina, the probate court appoints a personal representative (often called an executor or administrator). This individual is responsible for managing the estate, including notifying creditors and handling claims. 2. […]
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