What Steps Are Required to Open an Estate Proceeding When No Probate Case Exists in SC?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in South Carolina for guidance specific to your situation. Detailed Answer When no probate case exists for a decedent’s estate in South Carolina, interested parties must take the following steps to open an estate proceeding: Determine Proper […]
Read article →What Documentation Is Required to Apply for Letters of Administration in South Carolina?
Detailed Answer In South Carolina, letters of administration grant a person the authority to manage and distribute a decedent’s estate when no valid will exists. The process is governed by S.C. Code § 62-3-401 and related provisions. You must file your application with the probate court in the county where the decedent last resided. Required […]
Read article →How Can I Determine if a Probate Estate Has Been Opened in South Carolina?
Detailed Answer In South Carolina, every probate estate begins when someone files a petition in the Circuit Court of the county where the decedent last lived or owned real property. To determine if a probate estate has been opened, follow these steps: Identify the proper county. South Carolina law requires probate in the county of […]
Read article →What Information Is Needed to Request Estate Files from a County Probate Division in South Carolina?
Detailed Answer Disclaimer: This article is for educational purposes only and does not provide legal advice. In South Carolina, county probate courts maintain estate files containing wills, petitions, inventories, accounts and related documents. Under South Carolina law, most probate records are open to inspection by the public, subject to confidentiality rules in SC Code § […]
Read article →What steps are needed to include real property into the estate successfully? – SC
Disclaimer: This article provides general information and is not legal advice. Consult a licensed attorney in South Carolina for advice on your situation. Detailed Answer When a decedent owns real property at death, you must follow specific steps under South Carolina law to ensure the property becomes part of the estate and transfers to the […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in South Carolina
Detailed Answer When you need estate records—such as bank statements, deeds, or beneficiary lists—South Carolina law lets you use a court-ordered subpoena to compel production. Under S.C. Code Ann. Title 15, Chapter 5 (Civil Remedies – Subpoenas) and the South Carolina Rules of Civil Procedure (Rule 45), you may request a subpoena from the probate […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds in South Carolina?
Detailed Answer Under South Carolina law, when a personal representative sells estate real property, heirs can streamline the post-sale process by signing specific authorization forms. These forms allow the personal representative to distribute sale proceeds without additional court proceedings. 1. Consent to Sale of Real Property Before selling, the personal representative usually petitions the probate […]
Read article →How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce?
How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds After Death or Divorce? Detailed Answer In South Carolina, “surplus funds” arise when a forced sale—whether a mortgage foreclosure, a tax sale, or an estate liquidation—brings in more money than necessary to cover liens, taxes, costs, and debts. A former spouse or survivor […]
Read article →How to Distinguish Assets of a Deceased Person’s Estate from Corporate Assets in South Carolina
How to Distinguish Assets of a Deceased Person’s Estate from Corporate Assets in South Carolina Detailed Answer When someone dies, their personal assets pass through probate as part of their estate. Assets held by a corporation remain under the corporation’s name and never become estate property. South Carolina law treats estates and corporations as separate […]
Read article →What Options Exist for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs?
What Options Exist for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs? Detailed Answer When administering an estate in South Carolina, the personal representative (executor) must gather assets, pay debts and expenses, then distribute remaining property or proceeds to beneficiaries. If the estate includes personal property—such as vehicles, jewelry, […]
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