How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim in South Carolina?
Disclaimer: This is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney. Detailed Answer In South Carolina, a surviving spouse may request a family allowance under the probate code (SC Code Ann. § 62-2-803) or elect against the will (SC Code Ann. § 62-2-801). […]
Read article →How can a client obtain appointment as administrator when a higher-priority heir exists in South Carolina?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Under South Carolina law, the Probate Court appoints an administrator for an intestate estate according to a strict priority list. See SC Code Ann. § 62-3-402 (Order of Priority). […]
Read article →What is the process and timeline for applying to become the personal representative of an estate in SC?
South Carolina Detailed Answer Becoming a personal representative—often called an executor or administrator—requires following South Carolina’s probate procedures under Title 62 of the South Carolina Code. Below is an overview of each step, key filing requirements, and typical timeframes. 1. Confirm Your Eligibility To serve, you must be at least 18 years old and of […]
Read article →How Can a Guardian or Guardian Ad Litem Be Appointed to Manage a Minor's Interest in an Estate in South Carolina?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under South Carolina law, a minor cannot directly manage property or assets inherited from an estate. The court must appoint either a guardian of the property or a guardian ad litem to protect the minor's interest. The specific process […]
Read article →What steps protect a minor’s inheritance when the decedent did not leave a will in SC?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to discuss your specific situation. Detailed Answer 1. Intestate Succession in South Carolina When someone dies without a will (“intestate”) in South Carolina, the South Carolina Probate Code sets out who inherits. Under SC Code Ann. […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in South Carolina?
Disclaimer: This article is for general informational purposes and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer In South Carolina, probate courts enforce multiple checks to ensure administrators properly manage estate duties and satisfy bond requirements. These mechanisms protect estate assets, beneficiaries, and creditors. Key safeguards […]
Read article →Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in South Carolina?
Detailed Answer In South Carolina, a personal representative (formerly executor or administrator) may receive statutory commissions on the value of estate assets and on sale proceeds. The Probate Code sets a tiered schedule for compensation. By default, a representative earns: 5% of the first $100,000 in gross estate value; 3.5% of the next $200,000; 2.5% […]
Read article →What steps are required to locate, inventory, and distribute estate assets and settle debts under South Carolina law?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in South Carolina to address your specific situation. Detailed Answer When someone passes away in South Carolina, their estate must go through probate to ensure all assets are located, debts are paid, and remaining property is distributed […]
Read article →How Do Intestacy Rules Apply in South Carolina If No Valid Will Is Found?
Detailed Answer to Intestacy Rules in South Carolina When someone dies without a valid will, they die “intestate.” South Carolina’s intestacy laws govern how the decedent’s probate assets distribute. The Probate Court in the decedent’s home county oversees the process. Who Qualifies as an Heir? Under SC Code Ann. § 62-2-101, the basic hierarchy of […]
Read article →Which Court or County Office Handles Estate Administration and Unclaimed Property Claims in South Carolina?
Detailed Answer Estate Administration In South Carolina, estate administration matters fall under the Probate Court, a division of the Court of Common Pleas in each county. The Probate Court handles probate of wills, the appointment of personal representatives, and distribution of assets according to South Carolina Code Ann. § 62-3-101 et seq. To begin administration, […]
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