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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.
In South Carolina, probate for small estates is required. A small estate is considered to be an estate that is valued at $25,000 or less in assets and no real property. If those two conditions are met for a small estate, a case will have to be filed with the probate court.
In South Carolina, the following assets are subject to probate: Property only held in the deceased's name. Any real estate that the decedent held as a tenant in common. The deceased's interest in an LLC, corporation or a partnership.
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.
In South Carolina, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Simplified Probate: Summary Administration You can petition the court to use summary administration in South Carolina if the value of the entire probate estate (meaning all of the property that the deceased person left behind that is subject to probate), less liens and encumbrances, does not exceed the sum of: $25,000.
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.