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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.
South Carolina Probate Estate Fee Schedule Size of Regular EstateFiling Fee$5,000 to $19,999$45.00$20,000 to $59,999$67.50$60,000 to $99,999$95.00$100,000 to $599,999$95.00 plus .15 percent in excess of $100,0002 more rows
Home » Do You Need Probate For Small Estates In South Carolina? In South Carolina, probate for small estates is required. A small estate is considered to be an estate that is valued at $25,000 or less in assets and no real property.
The Court Issues a Certificate of Discharge Once all claims have been paid, the will presented and all tasks listed above are completed, the court will close the estate. To confirm this, a Certificate of Discharge is issued.
#1: Create a Living Trust When you die, the property ownership transfers to a trustee. A trustee's job is managing the distribution of those assets as defined by the trust and your will. Because you don't technically own the property at the time of your death, your estate can avoid probate.
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.
Can You Avoid Probate in South Carolina? Yes, there are several ways to avoid probate in South Carolina, including transfer-on-death deeds, joint ownership of property, and payable-on-death designations for bank accounts.
The probate process consists of a series of steps: Deliver the will at death. ... Personal representative is appointed. ... Notice to intestate heirs is sent. ... Inventory and appraisement of the estate. ... Final accounting. ... Disbursements. ... Close the estate.