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Full probate is usually an eight month to one year process. Once the estate is opened, our office will complete FORM 370PC, NOTICE TO CREDITORS.
South Carolina probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
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).
In most cases, probate is a legal responsibility in South Carolina. However, probate can be avoided if the decedent's assets were placed in a living trust before they died with beneficiaries designated to inherit the estate.
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, 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.
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.