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...
Probate
What are the duties of an executor?
Losing a loved one is a traumatic experience for most people, even if the death was expected. One way that some people try to make their death easier on their loved ones is by getting their estate plans together. When they do this, they’ll name an executor to handle...
Can multiple people inherit a house?
In many cases, people inherit assets individually. For example, an elderly person may have two adult children as their primary beneficiaries. They could split financial accounts evenly between them. For tangible assets, such as family heirlooms, they might decide...
Who pays debts during probate?
After someone passes away, there are many steps involved in settling their estate. One of the main goals is to distribute the person’s assets to their beneficiaries. If they died intestate—meaning they didn’t have a will—this is done in accordance with state law. If...
How long does probate take?
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...
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...