Probate is the legal process for settling a person’s estate after they pass away. In South Carolina, this process is overseen by the probate court in the county where the deceased lived. While many estates move through probate smoothly, disputes can and do arise.
Here are some of the most common issues families face during probate.
Disputes over the validity of the will
Family members may challenge the will if they believe it was created under undue influence, fraud or while the deceased lacked mental capacity. In South Carolina, anyone with a financial interest in the estate can contest a will within eight months of the appointment of a personal representative.
Conflicts between heirs or beneficiaries
Disagreements often occur when heirs feel they were treated unfairly or left out of the will. These conflicts can quickly turn emotional, especially in blended families or when large assets are involved. In South Carolina, omitted heirs may claim a share of the estate under certain circumstances, such as if they were unintentionally excluded. Court intervention may be necessary to reach a resolution, particularly when informal negotiation or mediation fails.
Concerns about the personal representative
The personal representative, also known as the executor, manages the estate. If beneficiaries believe the representative is mismanaging assets, delaying distributions or acting in their own interest, they may ask the court to remove them. South Carolina law requires personal representatives to act in the best interests of the estate and follow strict fiduciary duties.
Probate disputes can delay the process and cause tension between family members. Whether contesting a will or serving as a personal representative, it’s important to know relevant estate laws in South Carolina.