The South Carolina Affidavit of Personal Representative is a legal document used to appoint an individual to administer the estate of a deceased person. This document is used to certify that the person appointed as the personal representative has the legal authority to act on behalf of the deceased person's estate. It is signed by the personal representative in the presence of a notary public and then filed with the probate court. There are two types of South Carolina Affidavit of Personal Representative: an Assets Affidavit, and a Liabilities Affidavit. The Assets Affidavit is used to list and describe the deceased person's assets, including real estate, personal property, and bank accounts. The Liabilities Affidavit is used to list and describe the deceased person's liabilities, including debts, taxes, and other obligations. Both documents must be completed and filed with the probate court in order for the personal representative to be legally appointed.
South Carolina Affidavit of Personal Representative
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FAQ
To be an admissible Affidavit, the acknowledgment must be sworn to be true and correct to the best personal knowledge of the affiant. Furthermore, the affiant must declare that the statements contained in the Affidavit are true and correct under penalties of perjury.
Appointment of a Personal Representative is granted informally to a person who has priority under South Carolina law. Usually, the Personal Representative is named in the will by the deceased. However, priority can result through the will, by law, by renunciation, or by termination.
Generally, a Personal Representative is entitled to a commission not to exceed 5% of the value of the personal property of the estate. This does not include the value of real estate, unless the real estate is sold by the Personal Representative as part of the administration of the estate.
A Personal Representative is under a duty to settle and distribute the estate of the decedent in ance with the terms of any probated and effective Will and the South Carolina Probate Code, as expeditiously and efficiently as is consistent with the best interests of the estate.
If you are unmarried and are survived by children, your children receive and divide 100% of your estate. If you are unmarried and have no children, your parents, or the survivor of them, receives 100% of your estate. If your parents died before you, then your siblings receive and divide 100% of your estate.
South Carolina law sets forth a priority list of who may be appointed the personal representative, and it's usually the surviving spouse or next of kin. Appointment is granted informally to someone who has priority under state law or formally with notice to all with higher priority.
A South Carolina small estate affidavit is a document that is used to claim property from a deceased person's estate. It can only be used for estates that are worth less than $25,000. For small estates, petitioning for this process is the first step to avoiding an expensive and time-consuming probate process.
Under this statute, the person who has the highest priority to be appointed as the Personal Representative is the person who is named in the decedent's written last will and testament. However, for purposes of this article we are assuming there is no written will.