Do you need to go through the probate process?
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Do you need to go through the probate process?

On Behalf of | Jan 8, 2022 | Uncategorized |

Probate is the process of transferring assets from the estate holder to their beneficiaries. In South Carolina, you are required by law to deliver a person’s will to the probate court within 30 days of the decedent’s passing. Here are a few tips to let you know if you need to go through the probate process.

Should you go through probate court?

If the person who created the will had any real estate or owned personal property that was more than $25,000, someone has to open a regular estate on the decedent’s behalf. If the value of the decedent’s property is less than $25,000 and the decedent had no real estate, one of the decedent’s heirs should open a small estate. The probate process indicates that the small estate must be opened at least 30 days after the decedent’s death.

Taking legal action

If the decedent didn’t leave behind any belongings, it may still be necessary to open an estate of legal actions that must be taken on the decedent’s behalf, such as wrongful death cases or medical malpractice. The probate process states that if the decedent was a permanent resident of Colleton County, a non-resident but had property in the country or was with someone who has the right to take legal action in the country, the estate has to be processed through the county’s probate court.

If there is no will

If someone passes away and doesn’t have a will, the estate is considered “intestate.” This property will automatically be passed to the heirs of the deceased according to South Carolina law. The state will only take part of the estate if there are no heirs.