South Carolina Petition to Probate Lost Will

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US-02168BG
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Description

Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will. First the will is filed with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will (or if none is available, an administrator) with a declaration of a person who had signed the will as a witness. If the court determines the will is valid, the court then "admits" the will to probate.


The best evidence of the contents of a lost or destroyed will is a copy or draft of the will that is clearly and satisfactorily identified, if it can be obtained, and ordinarily this is sufficient. For example, an Arkansas court held that a finding that a photocopy was a copy of a lost or destroyed will should be sustained in view of the fact that the testimony of the attesting witnesses and the attorney as to how, when, and where will was signed was not in conflict.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The Basics of Probate Timelines Unfortunately, every estate is different, and that means timelines can vary. A simple estate with just a few, easy-to-find assets may be all wrapped up in six to eight months. A more complicated affair may take three years or more to fully settle.

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.

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.

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).

If the decedent died intestate (meaning he or she died without a valid Will), the process is not remarkably different, a family member or other interested party will petition the court to be appointed as Personal Representative of the decedent's estate and the estate will pass in ance with what South Carolina law ...

Where can I obtain a copy of a will? Answer: All estates are public record and anyone may see an estate file or obtain copies from the Probate Court, Estate Division.

Unless otherwise noted, all Probate Court documents are public records.

(c) a proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within eight months from informal probate or one year from the decedent's death, whichever is later.

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South Carolina Petition to Probate Lost Will