How do I apply for letters of administration and what AOC forms are required in SC?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer: How to Apply for Letters of Administration in SC When someone dies without a valid will in South Carolina, their estate is intestate. The probate court appoints an administrator through letters of administration. Under SC Code § 62-3-201, you […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in South Carolina?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consider consulting a licensed attorney. Detailed Answer Under South Carolina law, wrongful death proceeds pass to the decedent’s heirs according to SC Code §15-51-20. Follow these steps: Identify survivors. List the decedent’s surviving spouse, children (natural and legally adopted), and other lineal […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in South Carolina
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Under South Carolina law, the Department of Health and Human Services (SCDHHS) may seek recovery from the estate of a deceased Medicaid recipient for long-term care or related services […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in South Carolina
How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest When a loved one who held shares or an ownership interest in a corporation passes away in South Carolina, the personal representative of the estate often needs to access corporate formation documents and bylaws to determine the scope of the […]
Read article →Process for Petitioning a Court to Remove a Personal Representative for Mishandling Estate Assets in SC
Detailed Answer Under South Carolina law, an interested person may petition the probate court to remove and replace a personal representative who mishandles estate assets. This process follows the procedures in the South Carolina Probate Code. 1. Grounds for Removal Under South Carolina Law SC Code §62-3-912 (link) authorizes removal when a personal representative displays […]
Read article →How can an interested party open probate for a decedent’s estate in South Carolina?
Detailed Answer Under South Carolina law, an interested party can open probate for a decedent’s estate by following these steps. Probate proceedings occur in the Probate Court of the county where the decedent lived at death. Identify the correct application. If the decedent left a valid will, file for Letters Testamentary per SC Code §62-3-601. […]
Read article →What Information and Duties Must a Personal Representative Provide to Heirs in SC?
Detailed Answer When someone dies in South Carolina, the probate court appoints a personal representative (also called an executor or administrator) to manage the decedent’s estate. The personal representative owes specific duties under South Carolina law and must provide key information to heirs and other interested persons. Notice of Appointment Within 30 days after receiving […]
Read article →What Steps Are Required to File Probate Court Documents and Publish Creditor Notices in SC?
Disclaimer: This article provides general information about South Carolina probate procedures and is not legal advice. Consult an attorney for guidance on your specific situation. Detailed Answer In South Carolina, filing probate court documents and publishing creditor notices are key steps in administering an estate. You must follow the South Carolina Probate Code and local […]
Read article →How to determine the proper venue for opening or transferring a decedent’s estate in South Carolina
Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer Under South Carolina law, you determine venue for opening or transferring a decedent’s estate by applying the rules in SC Code Ann. §62-3-301. The county where you must file depends on the decedent’s domicile and property: Domicile at Death: If […]
Read article →Should an Executor Confirm Available Estate Funds Before Settling a Creditor Claim? (SC)
Executor Funds Confirmation Before Creditor Claim Should an Executor Confirm Available Estate Funds Before Settling a Creditor Claim? Disclaimer: This article provides general information under South Carolina law. It does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation. Detailed Answer Under South Carolina law, an executor (personal representative) owes […]
Read article →