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A new provision, § 62-1-111, is added to clarify a probate court's authority to award attorneys fees and costs and to conform to the provisions of the SC Trust Code in § 62-7-1004, which provides for attorneys fees in a similar manner.
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.
EMERGENCY RELIEF AND HEARING Code Ann. § 62-5-108(B) as shown by the following facts: If an emergency order for temporary guardianship, conservatorship, or other protective order related to the welfare of the A.I.I. is requested, a physician's affidavit dated within the last thirty (30) days is attached.
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.
The State of South Carolina bears the Burden of Proof for criminal charges in SC. The crime of public disorderly conduct is a misdemeanor which carries a maximum period of incarceration of 30 days in a county or municipal jail OR a monetary fine in the maximum amount of $100.
A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title (as defined in Section 36-1-201(15)), securities (as defined in Section 36-8-102(1)(A)), and property used ...
The spousal elective share statute in South Carolina provides that the surviving spouse has the right to claim one-third of the estate even it they are completely disinherited in the decedent's last will and testament. Often, due to unhappy circumstances, someone will want to completely disinherit their spouse.
SECTION 62-2-507. Revocation by divorce, annulment, and order terminating marital property rights; no revocation by other changes of circumstances.