The below article is meant for informational purposes regarding the probate process in South Carolina. Rockpoint Probate Funding DOES NOT provide funding services for estates based in South Carolina.
When a loved one passes away with or without a will, you might not anticipate running into any delays in receiving the assets you should inherit. The South Carolina probate process takes several months, even when things go smoothly. If you encounter some complexities, moving through probate in South Carolina could take a year or more. Read on to learn more about how the South Carolina probate laws work.
South Carolina Probate Steps
When an estate goes through South Carolina probate, it must follow certain steps. The courts cannot skip steps or cut corners to speed up the process.
The family must file the will within 30 days of the death in the county’s probate court where their loved one lived at the time of death, according to the Horry County Probate Court. Once you file the will, the probate process in South Carolina proceeds as follows:
- The court names an executor to manage the estate.
- The executor notifies the creditors and heirs of the death.
- The executor creates a list of all the assets in the estate and places a value on them.
- The executor collects all the payment requests from creditors and ensures they are valid.
- The executor pays any debts and taxes the estate owes, which may require selling some assets.
- After paying all debts, the executor distributes the remaining assets among the heirs.
- The executor then formally requests the court to close the estate and end the probate process.
The executor could struggle to complete this process quickly with large estates that have a significant number of assets. Because of the time required, South Carolina Code 62-3-718 allows for executor compensation based on the estate’s value.
Even if the probate process goes smoothly, it may take several months. However, if heirs, creditors, or members of the public make requests of the estate and the personal representative, this can lengthen the timeline. South Carolina Code 62-3-204 gives people the right to receive notice of any order or filing related to the estate in probate.
If you are experiencing a delay in moving your loved one’s estate through South Carolina probate, consider exploring a cash advance option. Rockpoint Probate Funding can give you money against your expected inheritance.
My Loved One Did Not Have a Will
When someone dies in South Carolina without a will, the state’s intestate succession laws specify which heirs receive which assets.
According to the South Carolina Bar, intestate succession provides assets to your loved one’s closest relatives first, such as any surviving spouse or children. If your loved one did not have such relatives, the estate moves on to other relatives. The law specifies an order to follow for each type of relative.
If your loved one’s estate ends up in probate and is following intestate succession, some relatives may dispute the court’s decisions. This could lengthen the South Carolina probate process.
Why Understanding Probate is Important
Understanding the probate process in South Carolina is essential for anyone dealing with a deceased loved one’s estate. Not only does the probate process determine how assets are distributed, but it also clarifies the responsibilities of the executor and the rights of the heirs. With this understanding, beneficiaries can better prepare themselves for potential delays, costs, and complexities that may arise during the probate process.
Additionally, a clear comprehension of probate can help heirs make informed decisions about the estate. For instance, they may need to consider whether pursuing a probate advance is feasible or necessary. By knowing their rights and the typical steps involved, heirs can take a proactive approach rather than a reactive one, which can alleviate some of the emotional burdens during a difficult time.
Common Delays in the South Carolina Probate Process
Delays in the South Carolina probate process can occur for various reasons, complicating what might seem like a straightforward procedure. One common delay involves disagreements among heirs or beneficiaries regarding the distribution of assets or the validity of the will. These disputes can lead to court hearings and extended timelines as the court seeks to resolve conflicts.
Another potential pitfall is the requirement for creditors to be notified of the probate proceedings. In South Carolina, creditors have a limited time frame to make claims against the estate, which means that any oversight in this area can cause considerable delays. Additionally, if unexpected assets are discovered or if there are issues in appraising estate properties, it can further extend the timeline. Being prepared for these common pitfalls can help beneficiaries navigate the probate process more smoothly.
Preparing for a Probate Hearing
Preparing for a probate hearing is crucial for the executor and any interested parties involved in the estate. Heirs should gather all relevant documents, including the will, death certificate, and any financial statements tied to the estate. Proper documentation ensures that everyone involved understands the estate’s status, making the hearing process more efficient and less contentious.
Additionally, it’s important for involved parties to understand their roles and rights during the hearing. Consultations with legal experts can provide clarity on what to expect and how to present their case effectively. By entering the hearing with adequate preparation and understanding, individuals can better advocate for their interests while also respecting the legal process involved in probate.
Legal Alternatives to the Probate Process
While many estates follow the traditional probate process, there are legal alternatives that may be suitable, depending on the circumstances. One common alternative is the use of a living trust, which allows assets to bypass probate altogether, facilitating a smoother and faster transfer to beneficiaries. Understanding how these alternatives work can be crucial for individuals planning their estate or dealing with an estate where probate may not be ideal.
Another alternative includes joint ownership arrangements, which enable assets to pass directly to the surviving owner upon death, thus avoiding probate. Exploring these options is beneficial for individuals who wish to streamline the process and reduce the financial burden on their heirs. Each of these alternatives brings specific legal considerations, making it important for individuals to seek expert guidance to ensure that their choices align with their overall estate planning goals.
How Living Trusts and Probate Work
Even though most estates go through probate in South Carolina, some can skip the process. If your loved one created a living trust before dying, this document takes control of the assets in the estate. With these assets out of your loved one’s name at the time of death, the assets don’t end up in probate.
When setting up the trust, your loved one would have included instructions on how and when to distribute the assets to the heirs.
Setting up a living trust requires taking estate planning steps before death. The family cannot place the estate’s assets in a living trust after their loved one dies.
How Small Estates Work in South Carolina Probate
To reduce the amount of time a small estate must spend navigating the probate process, South Carolina allows a small estate affidavit process through the courts. If the estate’s value is $25,000 or less and the estate holds no real estate, your family could skip probate court.
According to Berkeley County, South Carolina, probate courts, the small estate affidavit requires the family to:
- Produce a will
- Produce a death certificate
- Show a paid-in-full balance statement for any burial or funeral expenses
- Show a statement that indicates who paid the funeral costs
- Bring any titles for motor vehicles that are part of the estate
- Bring any bank statements that are part of the estate
- Pay the filing fees
Families must wait at least 30 days from the date their loved one died before they can request a small estate affidavit. This differs from the deadline for filing the will in county court.
Can You Receive a Probate Advance in South Carolina?
Unfortunately, Rockpoint Probate Funding is unable to offer advances on probate cases in South Carolina at this time. We are, however, able to fund on cases for estates in many other nearby states.
At Rockpoint Probate Funding, we try to solve these kinds of problems by offering cash advance options to heirs. We do not put restrictions on how you can use the money. You then have the benefit of putting this money to use immediately rather than waiting for an uncertain amount of time.
To learn more about whether a cash advance on your probate inheritance would benefit your situation, contact us today at (888) 263-8588. We can discuss your situation for free and help you make an informed decision.
