What Notice Requirements and Procedures Apply for Notifying Creditors in South Carolina Probate?
Detailed Answer In South Carolina probate proceedings, the personal representative must notify both known and unknown creditors to allow them to present claims against the estate. The rules appear in S.C. Code Ann. § 62-3-806 and § 62-3-807. Identifying and Notifying Known Creditors The personal representative should compile a list of all known creditors, including […]
Read article →How Can a Potential Heir Be Appointed as Administrator When the Decedent Left No Will in South Carolina?
Detailed Answer When someone dies without a valid will (intestate) in South Carolina, the probate court appoints an administrator to manage and distribute the estate. A potential heir can petition to serve in this role by following the procedures set out in the South Carolina Probate Code (Title 62). 1. Determine Heir Priority Under SC […]
Read article →What Documentation Is Needed to Freeze or Secure the Decedent’s Bank Accounts When Co-Heirs Refuse to Cooperate? – SC
Detailed Answer When a person dies in South Carolina, their bank accounts become part of the probate estate. Banks will not release or allow withdrawal of funds without proper court authority. If co-heirs refuse to cooperate, you must seek court-appointed authority to freeze or secure those accounts. 1. Obtain a Certified Death Certificate First, order […]
Read article →How are real property and personal assets identified, inventoried, and distributed under intestacy law in South Carolina?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. 1. Identifying and Inventorying Assets After the court appoints a personal representative, they must identify all of the decedent’s assets. South Carolina law requires the representative to file an inventory and appraisal within three months of appointment. (See S.C. […]
Read article →What Options Exist to Secure Missing Estate Documents from Uncooperative Institutions in South Carolina
Detailed Answer When a personal representative or interested party encounters an uncooperative institution—such as a bank or brokerage—refusing to release estate documents, you have several options under South Carolina law to secure the needed records. 1. Serve a Formal Demand Letter Begin by sending a written demand. Include a certified copy of the death certificate, […]
Read article →How can a client verify that creditor notice requirements were satisfied in the original estate to rely on South Carolina’s two-year rule?
Disclaimer: This article provides general information under South Carolina law and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation. Detailed Answer Under South Carolina Code Section 62-3-812, a creditor’s claim against an estate is barred if not presented within two years of the personal representative’s appointment, provided […]
Read article →Should a Personal Representative Open an Estate Account in South Carolina?
Detailed Answer Disclaimer: This article offers general information and does not constitute legal advice. Consult an attorney for personalized guidance. Under South Carolina law, a personal representative must manage estate assets responsibly and avoid mixing estate funds with personal assets. The South Carolina Probate Code § 62-3-613 prohibits commingling of fiduciary funds. Opening a dedicated […]
Read article →What Steps Are Needed to Bring Real Property into the Estate in South Carolina to Pay Claims?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under South Carolina law, a personal representative must bring a decedent’s real property into the probate estate to pay valid creditor claims. The S.C. Probate Code (Title 62) outlines each required step: 1. Open Probate and Appoint a Personal […]
Read article →Can I Seek Reimbursement from the Estate for Paying the Funeral Bill? SC
Detailed Answer In South Carolina, a person who pays a decedent’s funeral expenses may seek reimbursement from the estate as an administrative expense. Under SC Code § 62-3-100, funeral expenses up to $8,000 receive priority over most creditor claims and must be paid before distributions to heirs. You must present your claim and supporting receipts […]
Read article →How Can the Administrator Verify That the Payment Fully Satisfied the Outstanding Vehicle Loan in South Carolina?
Detailed Answer This article explains how an administrator in South Carolina can confirm that a payment fully satisfied an outstanding vehicle loan. It covers title records, lien release requirements, and Uniform Commercial Code (UCC) searches. Disclaimer: This information is for educational purposes only and does not constitute legal advice. 1. Obtain the Certificate of Lien […]
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