Does A Person Have To Go Through Probate If He Doesn’t Have A Will?

That’s a good question and the answer is maybe or maybe not. Whether the estate has to go through the probate process does not depend on whether a will is present or not. It really depends, at least, in South Carolina, on how much the estate is valued at. If the estate is valued at over $25,000 then the estate will have to go through formal probate whether or not there was a will.

What Is The Difference Between A Testate Estate And An Intestate Estate?

A testate estate simply means that the deceased died leaving a will. An intestate estate means that there was no will made by the decedent.

Do I Have To Leave My Wife Or Children Anything In My Will?

No, you do not have to leave either a spouse or children anything in a will. However, a spouse, husband or a wife, if they are left out of the will may file a claim in South Carolina within 9 months claiming a spousal share which is one-third of the value of the estate. There is no such opportunity for the children. If they are left out, they are just simply left out.

As The Personal Representative Of My Father’s Estate, Am I Responsible For His Debts?

No, you are not. A personal representative or executor is not responsible for the debts of the decedent from his own personal funds. If your dad had many creditors and part of the assets of the estate go to pay those debts then, of course, your inheritance may be smaller but you do not have to pay anything from your own personal funds.

For more information on Going Through Probate Without A Will In SC, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.

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