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South Carolina Application/ Petition for Subsequent Administration

State:
South Carolina
Control #:
SC-SKU-0685
Format:
PDF
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Application/ Petition for Subsequent Administration

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FAQ

In South Carolina, you can use an Affidavit if an estate value is less than $25,000. You must wait 30 days after the death, and a probate judge will need to approve it. There is also potential to use a summary probate procedure, which is a possibility when an estate value is less than $25,000.

In South Carolina, creditors must file any claims against the estate by the earlier of 1 year from the decedent's death, the deadline provided in the generally published notice (i.e., 8 months from publication), or the deadline provided in any direct notification (i.e., 60 days from notification).

Opening an Estate. Filing Will and Probatings - The South Carolina ( SC ) Probate Code of Laws requires that the Last Will and Testament be delivered to the Probate Court within 30 days of the decedent's death.

In South Carolina, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

What is a waiver of statutory filing requirements South Carolina? Waiver of statutory filing requirements: If filed by all of the necessary parties, the estate can be administered without the need for a Final Accounting, Proposal for Distribution, or Notice of Right to Demand Hearing.

To reopen an estate for subsequent administration, the interested party, often the Personal Representative must petition the probate court to reopen the estate. The probate court may re-appoint the same Personal Representative or another personal representative to administer the subsequently opened 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.

Formal probate in South Carolina will be open for at least eight months. Creditors are given that much time to submit claims against the estate. Of course, many estates will be open longer than that to allow for other issues or delays.

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South Carolina Application/ Petition for Subsequent Administration