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Commonly Asked Questions about Estate Planning in South Carolina

Dying Without a Will in South Carolina This means your assets will likely have to go through probate, which can be a time-consuming and expensive process. Generally speaking, your assets will go to your closest living relatives under South Carolinas intestate succession laws.
Compensation of an executor, however, is most often based on the value of the assets held in the estate they are administering. South Carolina prescribes that executors receive up to 5% of the value of the estates personal property as payment for services rendered.
If you have a spouse and no children, your spouse will inherit your entire estate. If you have a spouse and children, your spouse gets half, and the remaining estate is split equally amongst the children. If you have no spouse or children, your parents will receive your estate.
In South Carolina, you can use an Affidavit if an estate value is less than $25,000. You must wait 30 days after the death, and a probate judge will need to approve it.
In South Carolina, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Any asset that is in a trust. Assets in a pension plan. Any asset that already has a beneficiary attached to it. Insurance policy with a beneficiary. Retirement funds with a named beneficiary. Real estate with joint tenancy with right of survivorship.
Heirs who inherit land intestate (without a will) own it as tenants in common. 5 Tenants in common each own an undivided interest in the whole parcel of land, which means that none of the heirs can claim any specific piece of land. As tenants in common, each heir has equal rights to use and occupy the land.
Intestacy laws signal that your inheritance is passed on based on South Carolina Intestacy laws. Generally, intestacy laws will pass your inheritance on to your next of kin, also known as heirs. In the case that you are married, your spouse would take the entirety of your property.