Recognize a pattern? Probating estates can get expensive due to circumstances surrounding other people in the estate, whether or not those people are beneficiaries of the estate.Ĩ. If there is no Will, administration expenses are generally higher because an attorney is typically needed to assist with untying knots that result – minor children, children and spouse in general, children from a previous marriage, children who don’t get along, etc. It is not Court fees that are expensive – it’s the attorney’s fees and the other costs that arise if probate becomes complicated. An estate with a total probate value of $500,000 results in a payment of probate fees of approximately $650.
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Some of the potential Court costs associated with administering an estate include publishing the Notice to Creditors in the paper, filing fees, and Probate fees paid to the Court upon filing the Inventory. I suggest having an attorney assist with this form. The Personal Representative should give some thought as to the value listed because they can help the beneficiaries reduce tax obligations if they later sell the property. The Inventory lists all assets and the value of each of those assets on the date of death: bank accounts not jointly owned, real estate, personal property, any investments, and other miscellaneous items. The Inventory is basically a “snap-shot” of the decedent’s probate assets at the time of death. What is the Inventory and Appraisement?Įvery Personal Representative (Executor) must file an Inventory and Appraisement with the Probate Court. The estate administration process can also be complicated due to family conflicts, heirs under the age of 18, heirs having tax problems or judgments against them, or a decedent who had mental-health issues or was receiving Medicaid.ĥ. Not having a Will can be one of these exceptions. The clerk also will explain the Inventory and Appraisement and discuss your need to see a lawyer to transfer title to real estate. The clerk will help prepare a petition that officially opens the estate, assist with publishing a newspaper notice to potential creditors, and give you notices to be delivered to family members. Listen carefully to what the clerk says and take notes. You will meet privately with a Probate Clerk who has more than likely helped hundreds, if not thousands, of families. What will happen at my probate appointment? What do I need to take to my appointment?Īn original death certificate, an original Will (if there is one), and names and addresses of all family members–even those not named in the Will.ģ. To contact the South Carolina Probate Judge for your county, please visit.
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South Carolina has top-notch Probate Court Judges with professional staff to help throughout this difficult time. What do I need to do after my spouse, parent, child, sibling or other loved one passes away?Īfter you receive the death certificate, call the Probate Court in the county where your loved one lived and make an appointment to open the estate.
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There are exceptions to everything and this article is intended as a general framework.ġ. What does that process look like? Here are questions we commonly answer for our clients. Will or no Will, most estates will need to be administered through the South Carolina Probate Court. However, writing a Will usually makes the probate process easier and less expensive for your family. Your assets, by law, will pass to your family even if you don’t have a Will. 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.