The South Carolina Application for Restraint or Performance of Personal Representative is a legal document used to protect the interests of an estate. This form is used to restrain a personal representative from any further action on behalf of an estate until a court hearing is held. This form can also be used by a personal representative to request permission from the court to perform certain duties related to estate administration. There are two types of South Carolina Application for Restraint or Performance of Personal Representative: Application for Restraint and Application for Performance. The Application for Restraint is used when a person wants to restrain a personal representative from performing any further action with regard to the estate until a court hearing is held. The Application for Performance is used by a personal representative to request permission from the court to perform certain duties related to estate administration, such as filing tax returns, distributing assets, and paying debts. Both applications must be filed in the probate court of the county in which the estate is located.
South Carolina Application for Restraint or Performance of Personal Representative
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How to fill out South Carolina Application For Restraint Or Performance Of Personal Representative?
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FAQ
(b) Except where the will of the decedent authorizes to the contrary, a personal representative may not sell real property of the estate except as authorized pursuant to the procedure described in Section 62-3-1301, et seq.
In South Carolina, the estate executor is known as a "personal representative". In the absence of specified compensation in the will, South Carolina statute sets commissions to at most 5% of: Personal assets (excluding any with named beneficiaries) Real estate sold (as authorized by the will or the court)
Rights of the Personal Representative in South Carolina SC Code § 62-3-719 states that a personal representative is entitled to a minimum of $50, regardless of the estate's value, up to a maximum of 5% of the estate's value.
Appointment of a Personal Representative is granted informally to a person who has priority under South Carolina law. Usually, the Personal Representative is named in the will by the deceased. However, priority can result through the will, by law, by renunciation, or by termination.
South Carolina law sets forth a priority list of who may be appointed the personal representative, and it's usually the surviving spouse or next of kin. Appointment is granted informally to someone who has priority under state law or formally with notice to all with higher priority.
A Personal Representative is under a duty to settle and distribute the estate of the decedent in ance with the terms of any probated and effective Will and the South Carolina Probate Code, as expeditiously and efficiently as is consistent with the best interests of the estate.
In South Carolina law, the executor of an estate receives up to 5% of all assets sold.