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Valuing parts of the estate for probate The main parts of the estate that will need to be valued are the assets, liabilities (debts) and lifetime gifts. Assets need to be valued at their open market value. This is the price the asset might reasonably fetch if it was sold on the open market at the time of the death.

In South Carolina, the following assets are subject to probate: Property only held in the deceased's name. Any real estate that the decedent held as a tenant in common. The deceased's interest in an LLC, corporation or a partnership.

An Executor is appointed in a Last Will and Testament whereas a Personal Representative is appointed by the court when a decedent died intestate, or without leaving behind a Will. In that case, any competent adult can petition the court to be the Personal Representative of an estate.

Once documents are filed, it may take from one to three weeks for the estate to be opened. Full probate is usually an eight month to one year process. Once the estate is opened, our office will complete FORM 370PC, NOTICE TO CREDITORS.

South Carolina probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.

Time for Presentment of Claims: Claims are barred against the estate unless presented within the earlier of the following: (1) one year after the decedent's death; or (2) the time provided in § 62-3-801(b) for creditors who are given actual notice, and within the eight months after the first publication.

Is Probate Required in South Carolina? In most cases, the answer is “yes.” Probate will be a necessary step in distributing he assets of the estate. The court monitors this process to ensure the decedent's wishes are followed as indicated in the will.