Probate in South Carolina is not something you need to be afraid of. It is the process by which an estate is settled with court supervision. Even if the deceased did not have a will, the laws dictate how their property is distributed amongst heir’s and they do their best to do so fairly.

To begin the process, once you have received the death certificate and have the names and addresses of all family members , contact your County’s Probate Court and set an appointment to open an estate. You will meet with a Probate Clerk who will help guide you through the process. They should help you properly notify family members, potential creditors of the estate, and petition to open an estate. Remember, these are elected officials who want to help you. If you are transferring real property such as land or a home, it is recommended you retain an attorney to assist with this.

The court will appoint a representative (unless a will nominates someone), who is known as the executor of the estate. This person will have the power to settle claims by creditors such as medical or credit card bills or back taxes, assess the value of the deceased person’s assets, and to distribute these assets in a fair manner amongst the heirs. The goal is to provide transparency, prevent fraud, and ensure that everything is distributed fairly under the guidance of a Probate Judge.

It is not always this simple. As in life, death can be equally complicated. Common probate difficulties arise when there is disagreement among family members, the deceased had mental health issues, received Medicaid, and has judgements or delinquent taxes. A will helps minimize these issues, so if you are alive and reading this, please consider contacting an attorney and creating one so that your heirs aren’t fighting over your house after you pass.

How long is this going to take and what will it cost?

Probate generally runs 9 months or so if everyone agrees on the distribution of assets and the largest expense is generally the attorney’s fees which can run a few thousand dollars. There are also some filing fees, fees to provide notice to creditors, and miscellaneous court fees, but they are usually not a large sum. If heirs argue and use lawyers and courts to do so, the cost can be as high as you’d like. Remember that when you fight in court, the only people who win every time are the attorneys.

Can you avoid probate?

Yes you can and many families informally pick through the deceased’s belongings and maybe a family member moves into the house. The problem arises when you go to transfer title to the house, boat, or car and it is still in the deceased’s name. Without the probate process, you will be unable to have clean title to them. This can affect your ability to sell the property and get financing, both important parts in owning and benefiting from a property. It is never too late to get help and settle these issues so please contact us if you think we can help.

***SCpropertyhelp is not an attorney and this should not be construed as legal advice. We do our best to serve others and to be factually accurate so please let us know if you notice any inaccuracies***