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In South Carolina, probate for small estates is required. A small estate is considered to be an estate that is valued at $25,000 or less in assets and no real property. If those two conditions are met for a small estate, a case will have to be filed with the probate court.
Life Estates are simple and inexpensive to establish; merely requiring that a new Deed be recorded. Life Estates avoid probate; the property automatically transfers to your heirs upon the death of the last surviving Life Tenant. Transferring title following your death is a simple, quick process.
A property owner can reserve a life estate and grant a remainder interest giving the remainderman possession when the owner diesallowing the property to bypass probate. South Carolina does not recognize transfer-on-death (TOD) deeds.
If you are unmarried and die intestate in South Carolina and have children, your children will inherit your estate in equal shares. If the deceased has no children but has living parents, their estate will pass on to their parents. If parents are no longer living, the estate then goes to siblings.
An interest in land that lasts only for the life of the holder. Thus, the holder of a life estate cannot leave the land to anyone in their will, because their interest in the land does not survive the person.
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A South Carolina general warranty deedor just warranty deedtransfers real estate with complete warranty of title. The current owner guarantees a valid title with no defectsregardless of when a defect aroseand bears all risk of unknown title problems emerging in the future.
After the death of the life tenant (or earlier termination of the trust), the remaining capital of the trust fund can then be passed on to other individuals, known as the remaindermen, or a separate trust, as set out in the will.
A property owner can reserve a life estate and grant a remainder interest giving the remainderman possession when the owner diesallowing the property to bypass probate. South Carolina does not recognize transfer-on-death (TOD) deeds.
Married couples in South Carolina most commonly own property together as joint tenants with rights of survivorship. The advantage is that when one spouse dies, the surviving spouse automatically takes ownership of the property without it being subject to probate.
In South Carolina, the personal representative must execute a deed of distribution with respect to real estate owned by a deceased person in order to transfer or release the estates ownership or control over the property.

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