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While there is no specific deadline for this in South Carolina law, it is generally best to do so within a month to prevent unnecessary delays in the probate process.
The Probate Court follows S.C. Code Ann §62-5-410 to determine who has the authority to serve as the Conservator. A summons and a petition (540PC) must be completed and filed with the court to begin the process of appointing a Conservator. An initial filing fee of $150.00 must also be paid.
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.
A court appointed Guardian must make yearly reports to the Probate Court regarding the condition of their ward. Guardians for minors are designated by the Family Court. A Conservator manages financial affairs or property for an incapacitated adult or for a minor.
Probate is when the court supervises the processes that transfer legal title of property from the estate of the person who has died (the "decedent") to his or her beneficiaries.
When heirs' property is created, the heirs own all the property together (in legal terms, they own the property as ?tenants in common?). In other words, they each own an interest in the undivided land rather than each heir owning an individual lot or piece of the land.
Petition to Determine Heirs To allow the Court to hold this hearing, an interested party (typically the spouse or child of the decedent) must formally Petition the Court setting forth the heirs or family members, the status of the family members and documents supporting the status and relationships.
Unless otherwise noted, all Probate Court documents are public records. You can search estates filed at .southcarolinaprobate.net/search to confirm an estate is being probated and purchase copies of the filings.