Movies and television would have you believe that when someone dies, their will is read, and everyone immediately receives their inheritance. That typically doesn't happen in real life. Many factors determine how long the probate process will take, starting with the...
Probate
How should the executor of an estate communicate with creditors?
Taking responsibility for someone's estate involves accepting a lot of personal responsibility. Family members and beneficiaries look to the representative of an estate to inform them about the status of the probate process and may pressure them to give them their...
Do the South Carolina probate courts enforce no-contest clauses?
Someone's estate plan can include a variety of different instructions and requests. There may be language designating certain people as the recipients for certain property and instructions about the care of dependent family members. Testators often invest a lot of...
Handling financial affairs as an estate’s executor
Being named an estate's executor comes with different responsibilities, and one of them is handling the financial affairs of the testator (the person who made the will). You will deal with bills, debts, mortgages and so on, which can be complicated. But a few tips can...
Do you know what to do as an executor of an estate?
The executor of the estate is the person who is selected to administer the testator’s financial affairs after their passing. While anyone above the legal age can become an executor, not everyone is fit to be an executor. However, it’s possible to learn how to be an...
What should an executor communicate to beneficiaries?
An executor has many duties, including communicating with beneficiaries. An estate's beneficiaries have a right to information. So, what should you communicate to the beneficiaries of the estate you are overseeing? Here are three things to communicate: Inclusion in a...
What Must Be In A Will To Be Valid In South Carolina
A key step in the probate process is submitting the decedent's will to the court for approval. Until the judge accepts the will as valid, the process cannot move forward and the decedent's heirs and beneficiaries cannot receive their inheritances. Five will...
Who gets an estate’s assets if there is no will?
In South Carolina, a person closely related to a person who has died is their heir and gets their assets. The court will give the entire estate to the closest heirs if someone dies without a will, assuming that person or persons outlives them by at least 120 hours....
How does a probate sale work?
The condition of your estate in South Carolina after you pass will depend on several factors. One of them will be whether or not you are in debt. If you are, your estate may be subjected to a probate sale. This process entails the sale of assets to satisfy your...
The purpose and process of probate after someone passes away
In South Carolina, probate courts exist to ensure that the estate of someone who passes away settles its debts and taxes. Additionally, probate confirms that beneficiaries named in a will receive the assets or other property as dictated by the deceased. During the...