Further, the probate process can take anywhere between several months to several years. If the estate in question is eligible, a small estate affidavit can help a family skip through this entire process. Ideally, a small estate affidavit can get approved in just a few days, or a few weeks at most.
Therefore, the estate will go to their next of kin starting with their children. If there are no children, then parents and siblings would be next. If there are no surviving parents or siblings, the probate court would track down more extended family, such as nieces and nephews, grandparents, grandchildren, and so on.
Filing a notarized small estate affidavit could take weeks to months, depending on your state. Once you've sent the affidavit and necessary documents, the state will have to review it and might request additional information. Incorrect details or disputes between the heirs might cause delays in this process.
Further, the probate process can take anywhere between several months to several years. If the estate in question is eligible, a small estate affidavit can help a family skip through this entire process. Ideally, a small estate affidavit can get approved in just a few days, or a few weeks at most.
Hiring a lawyer to prepare a Small Estate Affidavit is not required, and many courts publish do-it-yourself SEA forms for use in a specific county. For example, you can find county-specific SEA forms on the following sites: Small Estate Affidavit (Bexar County) Small Estate Affidavit Forms (Collin County)
In South Carolina, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great grandchildren. If you don't, then your spouse inherits everything. If you do, then your spouse inherits 1/2 of your intestate property.