South Carolina Notice to Creditors

State:
South Carolina
Control #:
SC-SKU-0704
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Description

Notice to Creditors

South Carolina Notice to Creditors is a document that must be filed when a person dies, and they have debts that remain unpaid. This document must be filed with the South Carolina Probate Court in order for the creditors to be made aware of the deceased’s debts, so they can make a claim against the estate. There are two types of South Carolina Notice to Creditors: Form SC-9 and Form SC-9A. Form SC-9 is used when a Personal Representative has been appointed, and Form SC-9A is used when a Personal Representative has not been appointed. Both forms must be published for three consecutive weeks in a newspaper of general circulation in the county where the deceased's estate is being administered. The Notice to Creditors must also be sent to the deceased's known creditors. This document must be completed and filed with the Probate Court in order for creditors to be able to make a claim against the deceased's estate.

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FAQ

(a) A surviving spouse, heir, or devisee who feloniously and intentionally kills the decedent is not entitled to any benefits under the will or under this article, and the estate of decedent passes as if the killer had predeceased the decedent.

All creditor claims must be resolved before the estate is closed in probate, and in any event within 14 months after the date of death.

SECTION 62-1-303. Venue; multiple proceedings; transfer. (a) Subject to the provisions of Section 62-3-201, where a proceeding under this Code could be maintained in more than one place in South Carolina, the court in which the proceeding is first commenced has the exclusive right to proceed.

(c) Any person advancing or lending money to a decedent's estate for the payment of a specific claim shall, to the extent of the loan, have the same priority for payment as the claimant paid with the proceeds of the loan.

Any executor, devisee, legatee, guardian, attorney, or other person who fails to deliver to the judge of the probate court having jurisdiction to admit it to probate any last will and testament, including any codicil or codicils thereto, upon conviction must be punished as for a misdemeanor.

Creditors must ?present? claims arising before the decedent's death within the earlier of one year after the decedent's death or eight months after the date of the first publication of the notice to creditors. S.C. Code Ann. § 62?3?803.

(k) A judge of a probate court must not be admitted to have any voice in judging or determining an appeal from his decision or be permitted to act as attorney or counsel.

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).

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South Carolina Notice to Creditors