Can I Use an Obituary as Proof of Death to Open an Estate in SC if the Death Certificate Is Not Available?
Detailed Answer To open an estate in South Carolina, you generally must file a certified death certificate with the probate court. Under S.C. Code Ann. § 62-3-301, a certified death certificate serves as primary proof of a decedent’s death. If the death certificate is not yet available, you can request a delayed certificate from the […]
Read article →How Do I Prepare an Heirship Affidavit in South Carolina?
Detailed Answer Under South Carolina law, you can use an affidavit for collection of personal property of a small estate—often called an heirship affidavit—to transfer certain assets without formal probate. See S.C. Code Ann. § 62-3-807. This procedure applies when the decedent died intestate (without a will), no probate has been opened, and the total […]
Read article →Can I elect to receive a life estate instead of an intestate share in SC?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Under South Carolina’s intestate succession statutes, a surviving spouse’s share is fixed by law. If the decedent left descendants (children or grandchildren) or surviving parents, the spouse automatically receives: […]
Read article →How Can I Probate a Will That Was Not Witnessed or Notarized in South Carolina?
Detailed Answer To probate an unwitnessed will in South Carolina, you must confirm the document’s validity under state law. South Carolina requires that a will be in writing, signed by the testator, and attested by at least two credible witnesses to qualify for probate. Formal Execution Requirements Under S.C. Code Ann. §62-2-504 (link), a valid […]
Read article →How Does an Executor Obtain an EIN for an Estate in South Carolina?
Disclaimer: This article does not constitute legal advice and is for informational purposes only. Detailed Answer As executor (also called personal representative) of a South Carolina estate, you must obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). The EIN serves as the estates taxpayer identification for filing federal returns, opening bank […]
Read article →What is the difference between common and solemn form probate in SC?
Disclaimer: This article provides general information about probate procedures in South Carolina. It is not legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer South Carolina does not use the terms “common form” or “solemn form” probate that exist in North Carolina. Instead, South Carolina law distinguishes between general administration […]
Read article →Do I Have to List Personal Property Assets When Completing a Year's Allowance in an Estate in SC?
Year’s Allowance and Personal Property in South Carolina Estates Disclaimer: This information is for educational purposes and does not constitute legal advice. Detailed Answer Under South Carolina law, a surviving spouse (and minor children) may claim a year’s allowance for support during estate administration. The year’s allowance calculation must consider all estate assets, including personal […]
Read article →How to determine which tasks are covered under an initial probate representation agreement in South Carolina
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified South Carolina attorney for advice about your specific situation. Detailed Answer 1. Understanding an Initial Probate Representation Agreement An initial probate representation agreement is a written contract between you and a lawyer describing which probate services the attorney […]
Read article →May I Petition a Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties in SC?
Detailed Answer Under South Carolina law, a court may remove an estate administrator who refuses or fails to perform their duties. An administrator—sometimes called a personal representative—must gather assets, pay debts and distribute property according to the will or statutes. If an administrator neglects these tasks or mismanages the estate, interested parties can petition the […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Claim from a Car Accident in SC?
Detailed Answer Under South Carolina law, a wrongful death claim resulting from a car accident must be filed by the decedent’s personal representative. See SC Code Ann. § 15-51-10. Without a personal representative, the court lacks jurisdiction to hear the case. To appoint a personal representative, you must open probate in the county where the […]
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