Make Notes On Legal South Carolina Probate Forms For Free

First and foremost, there are a number of asset types that typically do not pass through probate. This includes life insurance policies, bank accounts, and investment or retirement accounts that require you to name a beneficiary.

In South Carolina, the following assets are subject to probate: Solely-owned property: Any asset that was solely owned by the deceased person with no designated beneficiary is subject to probate. This could include bank accounts, cars, houses, personal belongings, and business interests.

You can contact the South Carolina Probate Judge for your county here. 2. What do I need to take to my appointment? An 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.

Exempt property. The surviving spouse of a decedent who was domiciled in this State is entitled from the estate to a value not exceeding twenty-five thousand dollars in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects.

Any asset that is in a trust. Assets in a pension plan. Any asset that already has a beneficiary attached to it. Insurance policy with a beneficiary. Retirement funds with a named beneficiary. Real estate with joint tenancy with right of survivorship.

Only when a decedent's estate has a total value of less than $25,000 in probate assets, and if no real property is involved, can the family use a process called a small estate. John P. Gettys Jr. is one of the founding partners of Morton & Gettys Law Firm in Rock Hill, South Carolina.