South Carolina Affidavit of Heirship for Small Estates

State:
Multi-State
Control #:
US-OG-179-3
Format:
Word; 
Rich Text
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Description

An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public).
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FAQ

The affidavit identifies each possible ?distributee? of the estate, and describes their relationship to the decedent. The affidavit must be signed by a disinterested person, meaning someone who has no financial interest in the estate's assets.

A ballpark fee for preparation of the affidavit is between $750 for a very simple estate with few heirs to several thousand dollars for a more complicated estate with many heirs. The filing fees to record the affidavit in each county where the real property is located usually run about $50 to $75 in Texas.

A Small Succession Affidavit is a legal document that facilitates the smoother, more straightforward transfer of a decedent's assets to the rightful heirs. This process is initiated when the decedent passes away intestate, meaning without having drafted a legally recognized will.

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.

Under South Carolina statute, where as estate is valued at less than $25,000, an interested party may, thirty (30) days after the death of the decedent, issue a small estate affidavit to collect any debts owed to the decedent.

FAQ Download the legal heir certificate form from your local court or from the official website of your state. Read the instructions carefully before filling out the form. Fill out the basic information such as name, address, contact details, and relationship to the deceased.

An affidavit of heir is a written statement that allows an estate to move forward with an uncontested probate. The person who signs the affidavit is agreeing that they are the rightful owner of the assets and that they will transfer them to the appropriate parties as soon as the probate process is complete.

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.

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South Carolina Affidavit of Heirship for Small Estates