South Carolina Probate Court Guidelines for Reports by Appointed Physician(s) Examiner(s)
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When one parent dies, the parents of the deceased may still be able to have visitation rights if the meet the criteria in S.C. Code Ann. § 63-3-530(33) and can show compelling circumstances. South Carolina also recognizes the doctrine of a psychological parent.
A lawyer appointed by the court to represent a minor has the powers and duties of a guardian ad litem. If the minor already has an attorney, that attorney shall act as his guardian ad litem.
S.C. Code § 62-5-433 provides the basic statutory definitions and procedures for the settlement of claims in favor of or against minors or incapacitated persons. Other provisions of Title 62, Article 5, Part 4 (Protection of Property of Persons Under Disability and Minors) may also apply in these procedures.
(c) A probate judge or an employee of the probate court shall not serve as a conservator of an estate of a protected person; however, a probate judge or an employee of the probate court may serve as a conservator of the estate of a family member if such service does not interfere with the proper performance of the
PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY. Section 62-5-504 - Health care power of attorney; definitions; form. (A) As used in this section: (1) "Agent" or "health care agent" means an individual designated in a health care power of attorney to make health care decisions on behalf of a principal.
Probate means the Will is admitted as valid under South Carolina law. Informal probate admits the will as valid. Formal probate requires a hearing to confirm the validity of the will. If the will has erasures, white-out, or other markings, the Court may require a formal probate proceeding.
Where can I obtain a copy of a will? All estates are public record and anyone may see an estate file or obtain copies from the Probate Court, Estate Division.
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.