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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).
Is Probate Required in South Carolina? In most cases, the answer is ?yes.? Probate will be a necessary step in distributing he assets of the estate. The court monitors this process to ensure the decedent's wishes are followed as indicated in the will.
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.
The Deed of Distribution transfers the real property from the decedent's name to those who inherit it. For Greenville County real property, this document will be recorded in the Register of Deeds Office (Suite 1300 after paying them the fee of $10.00 plus any postage fees that may apply.
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 California, any form of property that is not individually owned by the deceased is considered a non-probate property by operation of California probate law. These assets are common. They can be anything from cars, belongings, life insurance policies, real property, and transfers on death accounts.
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.
South Carolina does not allow real estate to be transferred with transfer-on-death deeds.