In South Carolina, probate for small estates is required. A small estate is considered to be an estate that is valued at $25,000 or less in assets and no real property. If those two conditions are met for a small estate, a case will have to be filed with the probate court. A small estate probate is often also known as summary probate.
Generally, a small estate can be probated between 60 to 90 days.
Small estate probate procedure requires that the person or persons going through probate wait 30 days after the decedent dies. The person filing for probate has to submit a death certificate to the court, complete an application, and provide the will if one is present. After completing the application and presenting a death certificate, a judge will review it and issue an affidavit for small estate. The affidavit can be used to transfer any property and close the estate.
In South Carolina, property cannot be transferred without probate. If a bank account or car needs to be transferred, a small estate or summary probate will mostly likely have to be opened. If there is land or real estate involved, then a full probate is required.
In South Carolina, not all bank accounts have to go through probate. It depends on how the bank account is titled. If the bank account is only in the name of the decedent, then, at minimum, it will have to go through a small estate probate. If the bank account has a joint name or joint owner, it is considered to be the property of the joint owner of the bank account. In other words, the joint owner would immediately take possession of the account.
After the judge approves the small estate, a simple affidavit is issued to the affiant. The affiant is the person who files all of the paperwork to probate the estate in court. Anyone who inherits property can then go to the affiant and have the property transferred into his or her name.
A small estate in probate is considered to be an estate where the value of all of the property and assets owned by the decedent is $25,000 or less. Also, there can be no real estate or real property in a small estate.
In South Carolina, there is no out of court affidavit procedure for a simplified probate. If there are no assets to be distributed, then there is no probate. Otherwise, there would either be a small estate or a full probate.
For more information on Probate For Small Estates In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.
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