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....
Probate
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...
How can you avoid high probate costs?
When a resident of South Carolina dies without a will, their estate goes through probate. The process can be tedious and drawn out, leaving the person’s loved ones waiting for their inheritance. There are ways to avoid the high costs of probate, however. Understanding...
The probate process for retirement accounts
Probate ensures that a decedent's assets are distributed to the right people. This process is generally required in South Carolina, but it isn't in every situation. A retirement account is generally exempt from having to pass through probate if the owner meets certain...
What an executor of the estate does
An executor of an estate has many vital responsibilities and must carry them out before a South Carolina judge closes probate proceedings. Essentially, an executor serves as the deceased’s representative during the process. While many understand an executor’s duties...
What are probate sales in South Carolina?
When a loved one passes away, their estate must go through a legal process known as probate. During probate, the estate is divided up among the beneficiaries listed in the will. If there's no will, the state gets to decide how to divide up the assets. One common way...
The differences between heirs and beneficiaries
Understanding how heirs and beneficiaries are defined is crucial in helping you determine who will be entitled to inherit your assets after you pass away. Even if you are not ready to begin the process of estate planning in South Carolina, understanding the...
How do you know where probate should occur?
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...
Your probate estate checklist
Probate is the term for the legal process of verifying the authenticity of a will. The people who are responsible for opening the estate of a decent and submitting the will for the probate process should follow certain steps. If you're a South Carolina resident, here...