In most cases, a petition is not necessary to get into probate, if the personal representative named in the will or their next of kin comes forward and presents the will. Otherwise, a petition will be filed with the probate court asking that the petitioner be named as the personal representative for that probate.
How Does a Probate Case Get Started?
The personal representative named in the will or the next of kin will go to the probate court and take the will if there is one, and inform the receptionist of the death. They will be assigned to a clerk, based on the last name of the deceased. From that point, the clerk will give them the paperwork to get started.
Who Decides Whether A Petition Will Be Approved?
If a petition is necessary, it will be filed with the court and a hearing will be held. The judge will listen to the evidence on why or why not this particular person should be appointed and will make that final decision.
I Have A Small Estate. Does It Have To Be Probated?
If an estate is valued at under $25,000 and the decedent did not own any real property, formal probate is not necessary. In South Carolina, we have a small estate process that is very brief.
What Is A Probate Asset?
A probate asset is anything that is named in a will or that belongs to the decedent at the time of death.
How Long Do We Have To Probate A Case?
In South Carolina, a probate estate can be opened up to 10 years after death. After that time, no probate estate can be opened and an entirely different process will have to be done to pass assets.
What Are The Executor’s Duties?
The executor or personal representative has several duties. Their first duty is to know what is in the will and carry out the wishes of the testator. He must pay all of the debts associated with the estate and at the end of the estate, be sure to pass out all the assets.
Who Will Receive Notice That The Probate Is Being Started?
A notice will be sent to any devisee in the will and to all the heirs of the deceased.
How Do I File A Request To Postpone a Hearing Because I Do Not Have An Accounting Of The Estate?
The best way to make any sort of request to the court is to retain the services of an attorney who knows how to prepare and file a petition.
How Much Does Probate Cost?
The cost of probate is based on the value of the estate and any time there are any disagreements in the estate and you have to go to court, it greatly exceeds the amount that is normal. Probate of an estate will generally cost anywhere from $1,000 to $10,000 or more, depending on what is going on.
For more information on Probate Of Will & Letters Testamentary, a Free Case Evaluation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.