The South Carolina Petition for Sale of Real Property is a legal document used by a property owner to petition the court for the sale of their real estate. It allows the owner to request that the court authorize the sale of their property and appoint a special commissioner to oversee the sale process. This document is typically used when the owner is unable to successfully negotiate a sale with a potential buyer, or when the owner is in need of funds quickly. There are two types of South Carolina Petition for Sale of Real Property: a voluntary sale and a judicial sale. A voluntary sale is initiated by the property owner and requires the approval of the court. A judicial sale is initiated by creditors or judicially appointed representatives and requires the approval of the court. In both cases, the court will review the petition and set a date for a public hearing to consider the petition.
South Carolina Petition for Sale of Real Property
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How to fill out South Carolina Petition For Sale Of Real Property?
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FAQ
The procedures for selling real property in probate are outlined at 62-3-1301 et seq., and are ?the only procedure for the sale of lands by the court, except where the will of the decedent authorizes to the contrary? (62-3-1301). Any interested person may submit a petition for the sale of real property (Form 430ES).
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.
(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.
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.
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.
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.
Settling an Estate in South Carolina A petition to open probate is filed with the county court where the decedent lived.The executor must notify the heirs and creditors of the decedent's death. The assets must be gathered and valued.The executor files tax returns, pays any taxes owed and pays other creditors.