When you are dealing with the emotions of losing a loved one, you need someone who can handle the probate issues that arise. South Carolina Probate administration requires specialized legal knowledge and a caring approach from an experienced estate lawyer. At the law firm of Nosal & Jeter, LLP, we understand that our clients are experiencing a difficult time in their life and will address their needs with compassion and empathy. Our South Carolina Probate Lawyers represent Executors and Personal Representatives and administer the Estates of loved ones in both North and South Carolina. Administering a decedent’s Estate can often be a long and exhausting legal process, especially if there are disputes among the beneficiaries. Additionally, you could be held personally liable for decisions you make as the Personal Representative of the Estate if the assets are not handled properly.
South Carolina Probate and Estate Questions
If you have been named Executor or Personal Representative of a deceased friend or family member’s Estate, you may face a number of difficult questions, such as:
- What is involved in Estate Administration?
- How long is administering the Estate going to take?
- Can I be compensated for my time administering the Estate?
- In what state should the probate take place?
You need a competent and experienced Estate administration attorney to assist you in navigating the tedious and complex forms and paperwork required by the Probate court. The probate and estate lawyers at Nosal & Jeter, LLP are here to help with as much or as little of the Estate Administration process as you need.
Title 62 – South Carolina Probate Code
Title 62 of the South Carolina code of laws is the South Carolina Probate Code, which can be found in its entirety at the following: https://www.scstatehouse.gov/code/t62c002.php
South Carolina probate code sets forth the rules and legal court process for settling a decedent’s estate. Prior to distributing a decedent’s assets a process of steps must be carried out for proper estate administration and in order to pass clear title to property. Before you can even get to the steps involved in probate, an estate must opened.
To begin the process:
- It is most important to determine if a decedent had a Last Will and Testament.
- If so, can the original Will be located?
- After finding the Will, does it comply the the necessary legal formalities to be probated?
- Is this Will the Last Will and Testament or are their other proposed Wills out there?
- After finding and determining the Will meets the formalities, is their an executor named in the Will?
- Is the executor willing and able to qualify to administer the estate?
- Does the Will require an executor to post a bond?
- If so, is the executor capable of being bonded?
- What county should the probate be opened?
- Is an executor disqualified to serve for some other legal reason?
- What assets does the decedent have?
- Do these assets transfer under the Will or by some other method?
- What debts did the decedent have?
- Will the estate be solvent to pay valid creditor claims?
These are just a few of many question that must be answered after someone’s death to begin the probate process. Each answer can drastically change what the probate process entails, the steps involved, and the length of time the administration will take.
Additionally, While the South Carolina probate code is uniform, each county in South Carolina has different local rules regarding probate administration that could change how the administration is handled. For example, York County probate administration is in many ways very different from probating a decedent’s estate in Lancaster County, South Carolina.
Need assistance with SC probate or estate administration?
Estate executors and administrators are not expected to know all aspects of the South Carolina probate code and are authorized to hire experienced professionals to assist in the estate administration process. Typically this begins with retaining an experienced South Carolina probate lawyer to assist the personal representative administer the estate according to the law. Hiring a lawyer is a common expense of estate administration, and typically the lawyer’s fees can be paid out of the Estate instead of personally by the executor. If you need assistance with the probate of a South Carolina estate, contact our Fort Mill, SC law office at (803) 351-3597 or E-mail firstname.lastname@example.org to schedule an appointment today with a skilled and experienced South Carolina probate lawyer.