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The Probate handles administration of wills (Testate) and transfers of assets where there is no will (Intestate).

Click here to reference the South Carolina Probate Code.

To achieve what is directed in a last will and testament, the will must be probated. To probate a will, the will and other documents must be submitted to the probate court in the county of residence at the time of death. Personal Representative and Probate may be formal or informal depending on whether there are any questions or issues with the will, challenges to the will, or other determination that the court must approve.  Probate may be informal if there are no anticipated challenges to the validity of the will or disagreements between all interested parties.

The Personal Representative must be appointed to probate a will or intestate (no will) estate.

This person must act as a fiduciary to the administration of the will. This is a serious obligation and requires that the personal representative act diligently and competently to achieve the wishes of the will creator. An attorney is required to ensure that the personal representative follows all of the legal requirements and schedules of probating the will and to draft select documents, for example the Deed of Distribution.

If there is a challenge to the will, an attorney must develop the legal arguments and represent the estate at a hearing on the challenge.

Wills and Trusts

An estate plan helps protect your assets during and after life. A will describes how assets will be distributed. A will must be probated. See Probate of Wills above. A trust avoids probate and may include almost any kind of asset. The trust creator may place terms on a trust to exert long-term control over the assets.

Wills and Trusts are complicated areas of law and require the assistance of an attorney to ensure that your goals are achieved. There are specific rules regarding how and where property is to be passed through a will or placed into trust and there are specific rules as to how the documents must be executed.What happens if there is property and no will?  Intestacy

If there is no will probate assets pass according to the Probate Code’s rules of intestacy to the spouse, children, and maybe other family members.  Probate may still be necessary to pass title to heirs.

Click here to call 844-322-6932 or click here to self-schedule an appointment to speak with an attorney respecting probate matters.

IntestacyIf there is no will probate assets pass according to the Probate Code’s rules of intestacy to the spouse, children, and maybe other family members.  Probate may still be necessary to pass title to heirs.

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