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.
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.
