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South Carolina Application/Petition for Appointment of Special Administrator

State:
South Carolina
Control #:
SC-SKU-0683
Format:
PDF
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Description

Application/Petition for Appointment of Special Administrator

The South Carolina Application/Petition for Appointment of Special Administrator is a legal document that is filed when a decedent dies intestate (without a will) and the personal representative of the estate cannot be easily identified. This document can be an individual application or a joint application. When making the application, a petitioner (or petitioners, in a joint application) must provide identifying information about the decedent and the petitioners, as well as information regarding the decedent's assets and debts. The court then considers the application and determines whether to appoint a special administrator to manage the estate. If the court agrees, they will appoint the petitioner or a third party as the special administrator. The two primary types of South Carolina Application/Petition for Appointment of Special Administrator are: 1. Individual Application: This type of application is filed by an individual petitioner who wishes to be appointed as the special administrator for the estate of a decedent. 2. Joint Application: This type of application is filed by two or more petitioners who wish to be appointed as the special administrator for the estate of a decedent.

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FAQ

If you take the will to a bank in South Carolina and ask for access to the person's account, the bank will likely tell you to bring them the Certificate of Appointment. The Certificate of Appointment is the document issued by the Probate Court appointing the personal representative of the estate.

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.

A special administrator appointed by the court in informal proceedings pursuant to § 62-3-614(1) has the duty to collect and manage the assets of the estate, to preserve them, to account therefor, and to deliver them to the general personal representative upon his qualification.

In South Carolina law, the executor of an estate receives up to 5% of all assets sold.

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.

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.

An ancillary administration is the administration of a deceased person's estate in another state or another county in South Carolina that's not their primary place of residence or domicile.

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.

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South Carolina Application/Petition for Appointment of Special Administrator