What Are the Different Probate Options in South Carolina?

When you are designated to settle someone’s estate, that is an important responsibility that must be treated with the utmost seriousness. If you’re unfamiliar with the probate process, you might be concerned about a legal matter that drags on for months and could include serious disputes. Fortunately, this is usually not the case. In fact, with the right guidance, most South Carolina probate matters can be handled in a fairly quick, straightforward manner. 

There are several ways in which probate can be conducted under state law. Informal probate is the most commonly used option. In order to utilize this method of estate administration, the following must be true:

• The will, if any, is uncontested.

• All interested parties are in agreement regarding the distribution of assets.

• There are no complex legal issues requiring court intervention.

Typically, informal probate begins by filing an application with the probate court, which, once approved, allows the personal representative (executor) to administer the estate without ongoing court supervision. This streamlined approach benefits parties by reducing costs and expediting asset distribution. Informal probate can be used both when a valid will exists and in the event of intestacy.

Another means of avoiding formal probate is summary administration. An estate qualifies for this process if the personal representative is the only heir to the estate, or the total property value is less than $25,000, not counting funeral expenses, administration costs and the decedent’s medical bills. Under summary administration, the personal representative publishes notice to potential creditors and then can file a Verified Statement to Close Estate.  

For small estates, which are valued at $25,000 or less, excluding real estate, the transfer of assets can be completed without full probate administration. Individuals utilizing small estate procedures complete a “Simple Affidavit for Collection of Personal Property,” allowing for the efficient collection and distribution of assets

When none of the simpler processes are available, formal probate must occur. This is conducted under the supervision of the Probate Court, which validates the will and appoints a personal representative for the estate, usually the executor named in the will. Distribution of assets cannot occur until authorized by the court, which also might have to rule on whether the testator lacked proper capacity and if the personal representative is violating their fiduciary duty. 

South Carolina’s probate options are designed to address diverse estate situations, offering flexibility to meet varying needs. By working with a knowledgeable lawyer who can help you choose the most appropriate path, you can avoid unnecessary complications while settling an estate.   

McManaway Law, LLC in Greenville handles all types of South Carolina probate proceedings for Upstate residents as well as individuals from other locations who are settling the estate of someone from this area. To discuss your particular circumstances and what option might work best, please call 864-428-8912 or contact me online.