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South Carolina Probate Application/Petition

Category:
Local County - Richland - Probate Court
State:
South Carolina
Control #:
SC-SKU-0673
Format:
PDF
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Description

Probate Application/Petition

A South Carolina Probate Application/Petition is a legal document used to initiate the probate process in South Carolina. This document must be filed with the appropriate county court to begin the process of administering a deceased person's estate. The petition typically includes information about the deceased person's assets, debts, and beneficiaries. There are several types of South Carolina Probate Application/Petitions, including: Small Estate Petition, Formal Estate Petition, Summary Administration Petition, and Transfer Without Probate Petition. Each type of petition serves a different purpose and requires different information and documentation. The Small Estate Petition is used when the value of the deceased person's estate is less than $25,000. The Formal Estate Petition is used when the value of the estate is greater than $25,000, and it is also used if the deceased person died without a will. The Summary Administration Petition is used when all heirs of the estate are in agreement and the estate is valued at less than $25,000. The Transfer Without Probate Petition is used if the deceased person owned a vehicle or real property that needs to be transferred to another person.

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FAQ

Petition to Determine Heirs To allow the Court to hold this hearing, an interested party (typically the spouse or child of the decedent) must formally Petition the Court setting forth the heirs or family members, the status of the family members and documents supporting the status and relationships.

Who Is Considered an Heir? Children are considered to be heirs and are the most common example. If no children are living, then a person's grandchildren are considered to be heirs. If a person has no children or grandchildren, then the next closest living relative would be considered an heir.

If you are unmarried and die intestate in South Carolina and have children, your children will inherit your estate in equal shares. If the deceased has no children but has living parents, their estate will pass on to their parents. If parents are no longer living, the estate then goes to siblings.

If you die without a will, which is referred to as dying intestate, the people who inherit your property are determined ing to South Carolina intestacy law and are your next of kin. If you die survived by a spouse, but have no children, your spouse inherits 100% of your 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.

South Carolina Probate Estate Fee Schedule Size of the Regular EstateFiling Fee$20,000 to $59,999$67.50$60,000 to $99,999$95.00$100,000 to $599,999$95.00 plus .0015 in excess of $100,000$600,000 and above$845.00 on the 1st $600,000 plus .0025 in excess of $600,0002 more rows

The term ?next of kin? is often used synonymously with ?heirs at law? in South Carolina. When a South Carolina resident dies without a will, their next of kin heirs at law are those in line to inherit their intestate estate, and are generally the decedent's: Surviving spouse. Children.

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More info

A probate petition is usually filed in the county where the decedent lived when they died. Learn how to find probate forms and what documents are needed to interact with the court in order to open, process, and close an estate.Once a will has been located, the first step in the probate process is filing a petition with the probate court requesting that the will be probated. Form Adopted for Mandatory Use. Judicial Council of California. An application was previously filed and a personal representative was appointed informally. 7. A personal representative has been previously appointed in. Probate Forms ; Administration c.t.a. This form is to be used when filing a petition to probate will in solemn form pursuant to O.C.G.A. § 53-5-20 et seq. 2. This page tells you how to prepare the petition for Probate.

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