If you have assets held within your South Carolina estate, there is a good chance that those assets will be subject to probate. However, there are many factors that you’ll need to consider when determining where the probate process will take place.
You might need to go through probate in multiple states
Let’s say that you owned a vacation property in South Carolina but had a principal residence located in North Carolina. If you died in North Carolina, you would likely need to open a probate case there. However, since you owned property in South Carolina, you may also need to open a separate proceeding in that state as well.
Probate proceedings may be merged in some cases
Depending on the facts of your case, it may be possible to take care of all of your probate needs in front of a single judge. For instance, this may be true if you have a small estate or if the value of the property owned in another state is below a certain amount.
How are your assets titled?
Any property that you share with a spouse will generally go right to them without the need for probate. Assets that are jointly owned with another person who isn’t your spouse may also go directly to them upon your death. It’s also worth noting that it may be possible to avoid probate by titling assets in the name of a trust.
If you retain assets at the time of your death, they generally cannot be distributed without a judge’s blessing. However, it may be possible to make the process of distributing your assets easier by creating a will that clearly states what your final wishes are and that is structured in accordance with state law.