Probate in South Carolina | SC Legal Resources | FastCounsel

South Carolina: Can a Prenuptial Agreement Affect a Life Estate or Your Share of an Estate?

Can a prenuptial agreement affect a life estate or my share of my mother's estate in South Carolina? Short answer Yes — a valid prenuptial (premarital) agreement can change what property a surviving spouse can claim and therefore can indirectly affect life estate arrangements or the size of your inheritance. But whether it actually does […]

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How to Confirm Your Inheritance Share After a Sibling’s House Sale — South Carolina

Disclaimer: This is educational information, not legal advice. I am not a lawyer. For binding legal guidance about your specific situation, consult a South Carolina probate attorney or the probate court handling the estate. Detailed answer — How to confirm the executor correctly calculated your share under South Carolina law When a sibling’s home is […]

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South Carolina: Selling a Deceased Parent’s House During Probate When a Mortgage Remains

Selling a Deceased Parent’s House During Probate When a Mortgage Remains Disclaimer This article is educational only and is not legal advice. For guidance about your specific situation, consult a licensed South Carolina attorney. Detailed answer — who can sell the house and how a mortgage affects the sale When a person dies owning a […]

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South Carolina: Do I Have to Publish a 3-Month Notice to Creditors Before Selling My Mother’s House?

Do I have to publish a notice to creditors for three months under the small estate process before selling my mother’s house? Short answer: Usually no — the “small estate” affidavit procedure in South Carolina is primarily for collecting and distributing certain personal property without formal probate. It generally does not allow you to sell […]

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Proving the Value of a Deceased Relative’s Vehicles in South Carolina Probate

How to document and prove the value of vehicles in a South Carolina probate Disclaimer: I am not a lawyer. This article is educational only and does not provide legal advice. If you need legal guidance for a specific probate, consult a South Carolina probate attorney. Detailed answer — what you must know and do […]

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How to Prove Vehicle Value for Probate in South Carolina

Proving the Value of a Deceased Relative’s Vehicles for Probate in South Carolina When you handle a South Carolina probate estate, the personal property owned by the decedent — including cars, trucks, motorcycles, and other titled vehicles — must be identified and assigned a value so the court and creditors can see what the estate […]

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South Carolina: How to Get Appointed as a Limited Personal Representative in a Small Estate

Steps to Obtain Appointment as a Limited Personal Representative under South Carolina's Small Estate Process Quick overview: This article explains the typical steps someone takes to get appointed as a limited personal representative under the small‑estate procedure in South Carolina so they can run a notice to creditors and pursue disposition of estate property, including […]

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How to Close a Spouse’s Estate with No Assets in South Carolina

Closing a Spouse’s Probate in South Carolina When the Estate Has No Assets This FAQ-style guide explains the usual steps for proving a zero balance and getting a court order to close a spouse’s estate in South Carolina. It assumes no prior legal knowledge and uses general South Carolina procedures. This is educational information only […]

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South Carolina: Using a Small Estate Affidavit Instead of Formal Probate — What You Need to Know

Can a small estate affidavit replace formal probate for an intestate estate in South Carolina? Short answer: Possibly — but only in limited circumstances. South Carolina law lets heirs collect certain small estates or personal property without opening a full probate administration, but there are important limits (types of property, dollar thresholds, and who may […]

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South Carolina: If Mediation Fails in a Partition and Probate Dispute — Do You Still Need to Go to Court?

Detailed Answer Short answer: Yes — if mediation does not produce a binding agreement resolving your partition and probate dispute in South Carolina, you will most likely need to continue the dispute in court. Mediation is a voluntary (or court-referred) settlement process. If parties do not settle, the underlying case remains active and proceeds through […]

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