South Carolina Application / Petition for Appointment of Special Administrator
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How to fill out South Carolina Application / Petition For Appointment Of Special Administrator?
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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.
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.
South Carolina probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
In South Carolina, the following assets are subject to probate: Property only held in the deceased's name. Any real estate that the decedent held as a tenant in common. The deceased's interest in an LLC, corporation or a partnership.
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.
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.
Certificate of appointment means the documentation of an official assignation of a person as a health officer or deputy health officer for a town or unorganized locality.