Disclaimer: This article provides general information about probate procedures in South Carolina. It is not legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
South Carolina does not use the terms “common form” or “solemn form” probate that exist in North Carolina. Instead, South Carolina law distinguishes between general administration and summary administration of estates under Title 62, Chapter 2 of the South Carolina Code of Laws.
1. General Administration
General administration applies when an estate’s value exceeds the threshold for summary administration or when the decedent left a will requiring formal probate. The process involves:
- Filing a petition for probate in the Probate Court of the decedent’s county of residence.
- Notifying heirs, beneficiaries, and creditors.
- Inventorying assets, paying debts and taxes, and distributing the remainder according to the will or the rules of intestacy.
Key statute: Section 62-2-101 et seq. (SC Code § 62-2-101).
2. Summary Administration
Summary administration streamlines probate for small estates with a net value under $25,000 (or $50,000 if the surviving spouse is the sole heir). This procedure lets eligible persons collect the decedent’s assets without formal probate:
- File an oath and affidavit with the Probate Court stating the estate qualifies.
- No formal notice to creditors unless a claim is filed.
- Assets pass directly to heirs or as provided by the will.
Key statute: Section 62-2-801 (SC Code § 62-2-801).
Helpful Hints
- Determine your estate’s total value, including real estate and personal property.
- Check whether the decedent left a valid will; this dictates whether formal probate is necessary.
- Consult the Probate Court clerk in the decedent’s county for local filing requirements and fees.
- Keep detailed records of asset inventories and creditor notices.
- Consider hiring an attorney for complex estates or disputes among beneficiaries.