South Carolina Petition For Order Requiring Production of Will

State:
Multi-State
Control #:
US-00743BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic pleading that may be referred to when preparing a Petition to force someone who is custodian of the Last Will and Testament of decedent to produce the Will.
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FAQ

In most cases, probate is a legal responsibility in South Carolina. However, probate can be avoided if the decedent's assets were placed in a living trust before they died with beneficiaries designated to inherit the estate.

A will does not have to be ?recorded? to be valid while a person is living. The only time a will needs to be ?recorded? is following the death of the person that created the will, at which point the Will may need to be filed with the Clerk to start the probate process.

Not having a Will does not mean the State of South Carolina is going to take your property after you die, but it can cause complications when your family is administering your estate. Your assets, by law, will pass to your family even if you don't have a Will.

To make a valid last will and testament, you must be of ?sound mind,? over age 18 and your testament must be in writing, signed by you and witnessed by two witnesses.

A South Carolina will must be filed with the Probate Court within thirty days of the decedent's death. Once the will is proven, the executor (person who oversees the deceased's estate) can proceed to wrap up the estate, which includes collecting and protecting property, paying off debts, and then distributing assets.

Section 62-5-433 provides the basic statutory definitions and procedures for the settlement of claims in favor of or against minors or incapacitated persons. Other provisions of Title 62, Article 5, Part 4 (Protection of Property of Persons Under Disability and Minors) may also apply in these proceedings.

When an estate matter has been assigned a file number and entered in the pending file, and appears to be defunct in fact and not susceptible to ending by letters dismissory, the court shall strike the case from the active file with leave to restore upon good cause being shown why the case should be continued as a ...

Who Gets What in South Carolina? If you die with:here's what happens:spouse and descendantsspouse inherits 1/2 of your intestate property descendants inherit everything elseparents but no spouse or descendantsparents inherit everythingsiblings but no spouse, descendants, or parentssiblings inherit everything2 more rows

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South Carolina Petition For Order Requiring Production of Will