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What is a petition to remove administrator of estate in California?

A petition for removal alleges that the current executor is unfit for their position due to negligence, misconduct, or incapacity. The petition for removal is often filed alongside a petition for a replacement executor. Once the petition for removal is filed, the negotiation process can begin.

What are the duties of a personal representative in South Carolina?

A Personal Representative is under a duty to settle and distribute the estate of the decedent in ance with the terms of any probated and effective Will and the South Carolina Probate Code, as expeditiously and efficiently as is consistent with the best interests of the estate.

How do I remove a personal representative from probate in Michigan?

(1) An interested person may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. The petitioner shall give notice to the personal representative and to other persons as the court orders.

How much is a personal representative fee in SC?

SC Code 62-3-719 states that a personal representative is entitled to a minimum of $50, regardless of the estates value, up to a maximum of 5% of the estates value.

How much can an executor charge in SC?

During probate, a court examines any orders for the executors pay within the will. The value of the estate, when other options dont exist, is used to determine how much youre compensated. In South Carolina law, the executor of an estate receives up to 5% of all assets sold.

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How much does a personal representative charge in South Carolina?

Common Probate Fees in South Carolina Miscellaneous court and filing fees. Any incurred attorney fees. Personal Representative compensation - South Carolina is a reasonable compensation state, but fees are generally capped at five percent.

What is a petition to close a probate estate in Georgia?

In Georgia, the Executor or Administrator files a Petition to Discharge the Personal Representative to Close a Probate Estate. This Petition is filed after all of the debts, expenses and taxes have been paid, tax returns filed, and remaining assets distributed.

What is the priority of a personal representative in South Carolina?

South Carolina law sets forth a priority list of who may be appointed the personal representative, and its usually the surviving spouse or next of kin. Appointment is granted informally to someone who has priority under state law or formally with notice to all with higher priority.

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