Probate in South Carolina | SC Legal Resources | FastCounsel

South Carolina — How to Find the Rightful Heirs and Property Owners After a Grandparent Dies

How to Find the Rightful Heirs and Property Owners After a Grandparent Dies (South Carolina) Short answer: Start by locating any will and the death certificate, then search county probate and deed records. If there is a will, probate will generally determine the owner and heirs. If there is no will, South Carolina’s intestate succession […]

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Recovering Surplus Funds After a Tax Sale in South Carolina

How to Recover Surplus Funds After a Tax Sale in South Carolina Disclaimer: This is educational information, not legal advice. For advice about your specific situation, consult a qualified South Carolina attorney. Detailed Answer When a county sells real property for unpaid taxes in South Carolina, the sale can produce more money than is needed […]

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South Carolina: Reconsidering Letters of Administration and Removing an Administrator (Sole Heir Appointment)

Can I get the court to reconsider letters of administration and remove the administrator so I, as the sole heir, can be appointed? Short answer: Yes — under South Carolina law you can ask the probate court to revoke or suspend an administrator’s letters and to appoint a successor (including you, if you are the […]

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Challenging an Administrator's Closure of a Joint Bank Account in South Carolina

How to Challenge an Administrator Who Closed a Deceased Parent's Joint Bank Account in South Carolina Disclaimer: This is educational information, not legal advice. Consult a licensed South Carolina attorney about your specific situation. Detailed Answer Overview — what usually happens with joint bank accounts When an account is titled as a "joint account with […]

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How to Review and Correct Probate Filings in South Carolina

How to Review and Fix Missing or Incorrect Probate Filings in South Carolina Disclaimer: I am not a lawyer. This article is informational only and does not offer legal advice. For advice about a specific situation, contact a licensed South Carolina attorney. Detailed answer — practical steps under South Carolina law If you believe filings […]

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How to Challenge an Estate Administrator Appointment in South Carolina

Detailed Answer When someone is appointed to manage a deceased person's estate in South Carolina, interested persons—typically heirs, beneficiaries named in a will, or creditors—may challenge that appointment if they believe the appointment was improper. South Carolina law governs who may be appointed, the priority for appointment, and the procedures for revoking or removing letters […]

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Fixing Errors in Probate Paperwork in South Carolina: How to Correct Wrong Heirs

How to Correct Mistakes in South Carolina Probate Paperwork This FAQ-style guide explains practical steps to fix common probate errors — for example, when the wrong siblings are listed as heirs. It explains how probate corrections typically work in South Carolina, what paperwork and proof you will need, and when you should consider seeking an […]

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Transferring Real Property Under a Will in South Carolina: How Probate Without Qualification Works

How probate affects transfer of real property in South Carolina Short answer: To transfer real property under a will in South Carolina you generally must have the will proven (admitted to probate). The probate court normally issues letters to a personal representative (executor) who then signs and records a deed to transfer title. Simply recording […]

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How to Secure Wrongful Death Settlement Proceeds Through the Clerk of Court in South Carolina

How to Secure Wrongful Death Settlement Proceeds Through the Clerk of Court in South Carolina Short answer: In South Carolina, you can ask the court to accept and hold settlement proceeds in its registry (through the clerk of court) by filing a motion and proposed order approving the settlement and directing deposit. Because wrongful death […]

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Can I Challenge an Administrator’s Claim to Inherited Real Property in South Carolina?

Short answer Yes. Under South Carolina law, heirs and beneficiaries can challenge an administrator’s asserted ownership or transfers of real property if the administrator lacks authority, exceeds that authority, or engaged in misconduct. You must act through the probate court (and, if necessary, civil court) to protect your inheritance. Read on for what to look […]

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