Get Horry County Probate Court Forms

For an estate to go through probate, no estate planning is required. A person's estate can pass through probate whether they died without a will or with one, as long as it has assets that are subject to the process. ... The assets owned by the trust are not subject to probate.

So, you could live in one state, execute a Will in another state and then die in a totally different state and, if your Will was executed in compliance with the law at the time of its execution of any of these three states, it will be a valid Will in SC.

Finally, although a will is a private and confidential document, it is helpful to let your executors know where to find your will when it is required and who to contact, if applicable. Sometimes a willmaker may overlook telling their executor where they put their original will.

A South Carolina will must be filed with the Probate Court within thirty days of the decedent's death. Once the will is proven, the executor (person who oversees the deceased's estate) can proceed to wrap up the estate, which includes collecting and protecting property, paying off debts, and then distributing assets.

For an estate to go through probate, no estate planning is required. A person's estate can pass through probate whether they died without a will or with one, as long as it has assets that are subject to the process. For an estate to avoid probate, the deceased must own no assets subject to probate at the time of death.

A proceeding to contest an informally probated will and appointment if the contest is successful, may be commenced within the later of twelve months from informal probate or three years from decedent's death. These limitations do not apply to proceedings to construe wills or to determine heirs of an intestate.

In South Carolina, it will take a minimum of eight months to probate because the law requires it to remain open to allow creditors to file claims. Beyond the minimum eight months, several factors determine how long probate takes to conclude. Factors that may delay probate in South Carolina include: Intestate estate.

Do All Estates Have to Go Through Probate in South Carolina? Most estates will need to go through probate before the assets can be distributed. You may qualify for a simplified version of probate which is less time-consuming and completed in a shorter timeframe. The value must be $25,000 or less.

A will and your assets are public information once filed in the South Carolina probate court. A trust is private and prevents your assets from being tied up in the probate process.

Certified copies of marriage licenses may be obtained from the county Probate Court or from the Department of Health and Environmental Control (DHEC)'s Vital Records Division. Certified copies of divorce decrees may be obtained from the County Clerk of Court's Office or from DHEC's Vital Records Division.

Examples of assets that will transfer through probate include: Real property which is titled only in the name of the deceased. Personal property owned by the deceased such as a car, furniture, and household items. Bank accounts if those accounts are solely in the name of the deceased.

For birth, death, marriage or divorce certificates please call DHEC Vital Records at (843) 915-8802 or go to their website at www.scdhec.gov/VitalRecords/.