Probate Lawyers in South Carolina

There are a myriad of options depending on your situation but generally, you're going to need the Probate Court to distribute probate property after the death of a friend, family member, or someone else.

Probate

Property passing with or without a will that is not passed by some other means such as a contract (life insurance). Whether an estate needs to be probated can be determined by an attorney (Contact Us or Submit Your Case) or with help from the Probate Court.

Your options as a Personal Representative (Executor/Executrix) (Generally):

Collection by Affidavit

the estate is less than $25,000, but you need formal paperwork to collect the property, paychecks, etc.

Informal Probate

 Most common way to probate an estate that is greater than $25,000.

Summary Probate Administration

 informal probate where the PR is the only heir.

Formal Probate

You think that there is going to be a protest of a will or disagreement as distribution of the property. A hearing is required for the Probate Court to issue an order. You can start out with one type of probate, but end up with another. For example, you thought you wouldn't have a disagreement so you apply for an informal probate. Because a disagreement arises you may need to petition for a later hearing. We highly recommend against using these forms without proper representation.

Collection by Affidavit - the estate is less than $25,000, but you need formal paperwork to collect the property, paychecks, etc.

Form 420ES Affidavit for Collection of Personal Property

Death Certificate

Informal Probate - Most common way to probate an estate that is greater than $25,000.
Form 300ES Application/Petition for Probate/Appointment 
Death Certificate

Summary Probate Administration - informal probate where the PR is the only heir.
Same initial filings as an informal probate
With waivers or under certain other conditions, closing estate only requires an Affidavit (See Closing)

Formal Probate - You think that there is going to be a protest of a will or disagreement for the distribution of the property or you need to prove that a will is the true and accurate statement of the Deceased's wishes. A hearing is required for the Probate Court to issue an order.
Form 300ES Application/Petition for Probate/Appointment 
Form SCCA401PC Summons 
Death Certificate
Petition for requested relief (not a court provided form, dependent on the case)

You may have additional questions about general power of attorney. The resources here are designed to provide general information not normally provided by the state, your local library, or on the web. You can also find specific discussions about issues in probate in our SC Legal Info Law Blog to help determine if a general power of attorney is right for you.

If you would like help in estate administration, please contact Morris Law Accident Injury Lawyers.

Collection by Affidavit - the estate is less than $10,000, but you need formal paperwork to collect the property, paychecks, etc.

-none-

Informal Probate - Most common way to probate an estate that is greater than $10,000.

Form 370PC Notice to Creditors 

Not required within 10 days but to run for 3 weeks consecutively after the appointment of PR

Summary Probate Administration - informal probate where the PR is the only heir.

- none-

Formal Probate - You think that there is going to be a protest of a will or disagreement as distribution of the property. A hearing is required for the Probate Court to issue an order.

Form SCCA402CP Affidavit of Service 

Collection by Affidavit -

-none-

Informal Probate - Must send out a notice with proof of mailing that an estate was opened.
Form 120PC Proof of Delivery http://www.sccourts.org/forms/pdf/120PC%20(1-2014).pdf
Form 305ES Information to Heirs and Devisees http://www.sccourts.org/forms/pdf/305ES.pdf

Formal Probate
- Same as Informal Probate - 

Collection by Affidavit - the estate is less than $10,000, but you need formal paperwork to collect the property, paychecks, etc.

-none-

Informal Probate - Most common way to probate an estate that is greater than $10,000.
Form 120PC Proof of Delivery 
Form 350PC Inventory and Appraisement 

Summary Probate Administration - informal probate where the PR is the only heir.
- none-

Formal Probate - You think that there is going to be a protest of a will or disagreement as distribution of the property. A hearing is required for the Probate Court to issue an order.
- Same as Informal Probate - 

Collection by Affidavit - the estate is less than $10,000, but you need formal paperwork to collect the property, paychecks, etc.

Form 120PC Proof of Delivery

Form 421PC Verified Statement to Close Estate

Informal Probate - Most common way to probate an estate that is greater than $10,000.
Form 412PC Application for Settlement 
Form 560PC Accounting Cover Form 
Form 562PC Accounting Short Form 
Form 410PC Proposal for Distribution 
Form 403PC Receipt and Release 
Form 400PC Deed of Distribution 

Summary Probate Administration - informal probate where the PR is the only heir.
Form 120PC Proof of Delivery 
Form 421PC Verified Statement to Close Estate         

There are a number of instances where an attorney can provide guidance to resolve a probate matter.

Taxes:

Estate Tax Returns

Decedent's Persona Income Tax Return

Estate's income tax return

Creditor claims:

Filing claims for Creditor

Form 371PC Statement of Creditor's Claim 

Jurisdiction: are you properly before the right court.
Which probate procedure is quickest, most affordable and appropriate for the estate.
Creditor practice: allowing or disallowing claims
Collection of property with or without court action
Petitions: for formal or informal probate to request relief from the court. These matters could include actions for the PR or against the PR
Beneficiary disputes: protesting a will, breach of duty by the PR
Hearings practice: how to prepare and present your case before the court. 
Negotiations: negotiating disputes or property transfers
PR duties and responsibilities
Survival actions: lawsuits that can be brought by the estate on behalf of the decedent.
Extensions of time for filing: Form 352ES Motion for Extension of Time
Nonprobate collections: collecting property for beneficiaries from life insurance, joint accounts, joint real estate transfers
Ancillary probate: filing in SC for transfer of real estate or collection of property
Property transfer: deed drafting, execution and proper filing with the Register of Deeds, including deeds of distribution.

Form 400PC Deed of Distribution (DoD)

There are a number of questions to my office regarding deeds of distribution. Real property in probate requires a deed of distribution to complete a proper transfer. A DoD is required by the probate court, but does not actually evidence the transfer of property. A DoD actually releases any purported interest in the property by the PR. Actual transfer of the property occurs at the time of death. A Probate Court may not close an estate without a properly filed DoD. The DoD is similar to a regular deed, and therefore care should be taken with drafting and execution.

Please Contact Us or Submit a question for information for help drafting and proper execution of a Deed of Distribution.

Don't confuse a transfer deed or title to real property with a Deed of Distribution. If multiple beneficiaries receive a piece of land, for example, it may be easier when closing an estate to transfer the interest of multiple beneficiaries to a single beneficiary. This is not accomplished by a deed of distribution, but rather a transfer deed. Proof of transfer of property interests may be required for the settlement agreement or proposed distribution agreement. The type of deed needed depends on the situation. A DoD will be needed in addition to the transfer deeds to close the estate.