South Carolina: Recovering Sentimental Property From a Sibling During Probate
Recovering Personal and Sentimental Property During Probate in South Carolina Disclaimer: This is general information and not legal advice. Laws change and every case is different. Consult a licensed South Carolina attorney for guidance about your specific situation. Detailed answer — what happens to personal items during probate in South Carolina When someone dies, their […]
Read article →South Carolina — Enforcing or Disputing an Oral Agreement Dividing Wrongful Death Proceeds
Understanding Division of Wrongful Death Proceeds in South Carolina Overview Wrongful death proceeds arise from a claim brought under South Carolina law for a death caused by another party. The personal representative of the deceased’s estate normally handles the claim, settlement, and distribution of any recovery. See South Carolina’s wrongful death statutes for the basic […]
Read article →Serving as Administrator of an Intestate Estate in South Carolina: Step-by-Step Guide
Detailed Answer This article explains how to apply to serve as the personal representative (often called an "administrator") of a loved one who died without a will under South Carolina law. It covers who can apply, where to file, required documents, common court requirements, and practical steps to get appointed. This is general information only […]
Read article →South Carolina: Do Administrators in Intestate Probate Have to Post a Bond?
Short answer: Under South Carolina law, the probate court generally requires an administrator appointed in an intestacy (no will) to give a fiduciary bond unless the court excuses that requirement. The court can waive or reduce a bond in some situations—for example, if all heirs give informed, written consent and the judge approves—but the waiver […]
Read article →Selling an Estate Home Facing Foreclosure in South Carolina When a Co-Administrator Refuses to Sign
Detailed Answer Short answer: In South Carolina, if an estate real property is facing foreclosure and a co-administrator refuses to sign to sell it, the usual solution is to ask the probate court to authorize the sale or to resolve administration disputes (replace or limit the co-administrator). The probate court has power to approve a […]
Read article →South Carolina Guide: Getting Court Approval to Release Estate Funds During Beneficiary Disputes
Estate Funds and Court Approval — South Carolina How to obtain court permission to release estate funds when beneficiaries disagree — South Carolina This FAQ-style guide explains, in plain language, how a personal representative (administrator or executor) can ask a South Carolina probate court to allow distribution of estate money when beneficiaries or claimants dispute […]
Read article →South Carolina: Do Leftover Proceeds from Selling My Parents' Home Get Distributed Under My Dad's Will?
Detailed Answer This answer explains how money left after selling a parent’s home is handled under South Carolina law. The short answer: usually, yes—if the house is part of your father’s probate estate, net sale proceeds become estate assets and are distributed according to your father’s will (after lawful debts and expenses are paid). But […]
Read article →South Carolina: Reimbursing Yourself for Payments Toward a Decedent's Vehicle Lien
Can someone be repaid from an estate for money they used to pay a decedent’s vehicle lien? Disclaimer: This is general information, not legal advice. For advice specific to your situation, consult a South Carolina probate attorney or contact the probate court handling the estate. Detailed Answer — How repayment works under South Carolina law […]
Read article →How South Carolina Estates Are Distributed to Children After Taxes, Claims, and Expenses
Overview This article explains, in clear steps, how the remaining estate funds are distributed to a decedent's children in South Carolina after the estate has paid taxes, valid creditor claims, and administration expenses. It assumes basic facts: an estate is open in probate, all debts and expenses have been addressed, and the executor or personal […]
Read article →South Carolina — Do I Have to Post a Bond to Serve as Administrator of an Intestate Estate?
Understanding Administrator Bond Requirements in South Carolina Intestate Estates Short answer: In South Carolina, a person appointed to administer an intestate estate will generally be required to provide a probate bond (sometimes called a surety bond or security) unless the court expressly waives that requirement. Waivers are possible in certain circumstances—for example, when all heirs […]
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