An ancillary administration is the administration of a deceased person’s estate in another state or another county in South Carolina that’s not their primary place of residence or domicile. In other words, when a person dies and owns property in another state or county in South Carolina, a probate has to be opened for them in that other state or county in addition to the primary probate.
Does A Full Probate Occur In The Nonresident State?
Whether a full probate occurs in the nonresident state will depend on the nonresident state’s statutes. Most states do not need a full probate. They only need exemplified copies of the filings in the home state. An example of a state that requires a full probate is Alabama.
Are All Assets Located In Another State Eligible?
All assets located in another state are eligible for ancillary administration, but it will also depend on the law of the ancillary state. If South Carolina is the ancillary state, then we would have to deal with bank accounts if they’re over $25,000, and other types of personal property assets.
Is A Probate Attorney Required For Ancillary Administration In South Carolina?
It is not a requirement of the law for an attorney to be involved in an ancillary probate in South Carolina. However, if it is not done exactly right, it will not be legal. Therefore, it is highly recommended to retain a good probate attorney to handle the ancillary estate.
Can I Open Probate For A Property In Which My Recently Deceased Sibling Was A Joint Tenant With No Rights Of Survivorship?
You can open probate for a property in which a sibling was a joint tenant with no rights of survivorship. You would have to show the sibling’s ownership and file a petition to be appointed as the personal representative for the estate. However, someone else can challenge you if they have a higher right to be the personal representative.
My Sibling Passed Away And Had No Will. He Jointly Owned Property With His Ex Who Keeps Giving Away The Assets Instead Of Using Them To Pay Down Debts. Can Opening Probate Prevent This Person From Getting Rid Of Anything Else That My Sibling Owned?
If your sibling passed away without a will and the ex is giving away the assets instead of using them to pay down debts, you can file a petition with the court. The judge can order the ex not to sell anything else, but sometimes, they’ll go against the judge. If that is the case, they could be held responsible. You should file a petition with the court immediately to be appointed the personal representative. You can then have the authority to lock the house to prevent the ex from selling more assets.
My Parent Passed Away And Left Me A House And Land. Do I Need To Do Anything To Claim It In South Carolina?
If your parent passed away and left you a house and land through a will, you will need to open a probate and go through the entire probate process. At the end of the probate process, you would be given a deed of distribution transferring the land and house to you.
My Parent Passed Away This Year. Last Year, They Signed Over The Title To Their Home To Me. Do I Own It? Do I Have To Probate The Property In South Carolina?
If your parent issued a deed to you for the house, then you own it. They had no legal interest in the house after they signed over the title before they died. Therefore, there would be no need for a probate regarding that home.
For more information on Probate Laws In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.