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In South Carolina, it will take a minimum of eight months to probate because the law requires it to remain open to allow creditors to file claims. Beyond the minimum eight months, several factors determine how long probate takes to conclude.
First, the relevant statute limits personal representative fees to 5% of the value of personal property, plus 5% of the sale of real property.
As the Personal Representative, you are responsible for doing the following: 2022 Collecting and inventorying the assets of the estate; 2022 Managing the assets of the estate during the probate process; 2022 Paying the bills of the estate. Making distribution to the heirs or beneficiaries of the estate.
In South Carolina, the grantor must sign the deed in front of two witnesses and in the presence of an individual authorized by the state to administer an oath. Record the completed deed at the local county Recorder's office, along with an Affidavit of True Consideration (S.C. Code Ann.
Generally speaking, a Personal Representative is responsible for opening the estate, collecting the assets of the estate, protecting the estate property, preparing an inventory of the property, paying various estate expenses, valid claims (including debts and taxes) against the estate, representing the estate in claims
The deed of distribution is evidence of the beneficiary's title to the house, land or other real property interest of the decedent. An ancillary probate is often opened in South Carolina for the purpose of preparing a deed of distribution when an out-of-state decedent died owning real property in South Carolina.
South Carolina does not allow real estate to be transferred with transfer-on-death deeds.
A distribution deed is a way to legally transfer real property when the party who is supposed to receive the property cannot be determined from the decedent's will. In most cases, the distribution of a deceased person's estate will be done in accordance with the directions contained in the terms of their will.