What steps do I need to follow as executor to sell real property to pay estate debts in South Carolina (SC)?
How an executor (personal representative) sells real property to pay estate debts — South Carolina Short answer: As the personal representative (often called executor) in South Carolina you generally must (1) be appointed by the probate court and obtain letters testamentary or of administration; (2) identify and value estate assets and creditors; (3) follow the […]
Read article →Can heirs of a deceased sibling be included in a partition action in South Carolina (SC)?
Can heirs of a deceased sibling be included in the partition action, and how do I add them? Short answer: Yes. In South Carolina, when a co-owner of real property dies, that co-owner's interest usually passes to his or her heirs or to the estate's personal representative. Those heirs (or the personal representative) are necessary […]
Read article →What Happens to a Safe Deposit Box After Someone Dies in SC?
Safe Deposit Boxes and a Deceased Renter: What to Expect Under South Carolina Law Disclaimer: This is general information, not legal advice. Consult a licensed South Carolina attorney for advice tailored to your situation. Detailed answer — how South Carolina handles safe deposit boxes after someone dies When a person who rented a safe deposit […]
Read article →When Can an Executor Be Removed in SC?
Detailed Answer — When and How a Personal Representative (Executor) Can Be Removed under South Carolina Law Short answer: In South Carolina a court may remove a personal representative (commonly called an executor) for cause — for example, incapacity, misconduct, breach of fiduciary duty, neglect of duties, self‑dealing, failure to account, or failure to post […]
Read article →What Is “Probate in Common Form” in SC?
Detailed Answer — What “Probate in Common Form” Means in South Carolina “Probate in common form” is a streamlined way to ask a South Carolina probate court to admit a decedent’s will and allow settlement of the estate without the full, formal proof process called probate in solemn form. It is often used when the […]
Read article →How can one close an estate bank account and obtain the required closing statement? — SC
Detailed Answer This FAQ explains how an estate bank account is closed and how to obtain the required closing statement under South Carolina law. This is a general guide only; it explains the common steps an appointed personal representative (executor or administrator) follows and what banks typically require. It does not create an attorney-client relationship […]
Read article →Is probate administration required in South Carolina (SC) when there is no will?
Do you need probate administration in South Carolina if there is no will? Detailed Answer — When probate is required in South Carolina (SC) with no will When someone dies without a will (called “intestate”), South Carolina law provides rules that decide who inherits the decedent’s property and how that property is transferred. Whether you […]
Read article →How to properly document and file receipts for payments to heirs or service providers in an estate (SC)
Detailed answer This answer explains how a personal representative (executor, administrator) in South Carolina should document and file receipts for payments made from an estate to heirs or to service providers. It summarizes best practices, what the probate court expects, and when to get court approval. This is educational information only and not legal advice; […]
Read article →What steps ensure third-party claims and payments are accurately recorded in probate filings? (SC)
How to make sure third-party claims and payments are accurately recorded in South Carolina probate filings Clear recordkeeping and following South Carolina probate procedures reduce disputes, justify distributions, and help your personal representative meet court obligations. Detailed answer — step-by-step process under South Carolina law This answer explains practical steps a personal representative (executor/administrator) should […]
Read article →How can next of kin qualify to be appointed as the estate administrator in South Carolina (SC)?
How next of kin qualify to be appointed estate administrator under South Carolina law Detailed Answer — Who can be appointed and how to qualify When someone dies without a valid will (intestate) or when a named executor cannot serve, the probate court appoints an estate administrator (also called a personal representative). In South Carolina, […]
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