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STATE OF SOUTH CAROLINA COUNTY OF IN THE MATTER OF Decedent IN THE PROBATE COURT CASE NUMBER COMPLETE THIS SECTION ONLY IF FILING PETITION FOR FORMAL TESTACY AND/OR FORMAL APPOINTMENT Petitioner s vs. Respondent s APPLICATION FOR INFORMAL PROBATE OF WILL APPOINTMENT check any that apply PETITION FOR FORMAL TESTACY If this is a formal filing please explain on page 3 or attach pleadings pursuant to SC Rules of Civil Procedure. NOTE IF THIS IS A FORMAL PROCEEDING IN ADDITION TO THIS FORM PETITION ...

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What is considered a small estate in SC?

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.

What is a small estate?

Generally, a small estate is one that contains no property and only a small amount of money. Property is usually the most valuable asset in an estate, so not owning property significantly reduces the size of the estate.

How do I open a probate case in SC?

A petition to open probate is filed with the county court where the decedent lived. The court approves an executor to manage the estate. The executor must notify the heirs and creditors of the decedent's death. The assets must be gathered and valued.

Does real estate go through probate in South Carolina?

Probate of Real Property in South Carolina In South Carolina, Real Property is a probate asset and passes through a decedent's estate. A deed of distribution is required for the Executor to transfer title of the real property to the estate beneficiaries.

How do I fill out a small estate affidavit in SC?

1:18 2:08 South Carolina Small Estate Affidavit - EXPLAINED - YouTube YouTube Start of suggested clip End of suggested clip There are four steps to formally file this affidavit in south carolina. Step one wait 30 days theMoreThere are four steps to formally file this affidavit in south carolina. Step one wait 30 days the obvious waits the required 30 days after the decedent's passing.

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How long do you have to file probate after death in South Carolina?

(6) forty-five days after the death of the decedent, any creditor complying with the requirements of Section 62-3-804(1)(b); (7) four months after the death of the decedent, upon application by the South Carolina Department of Revenue, a person suitable to the court.

What is a small estate affidavit in South Carolina?

A South Carolina small estate affidavit is a document that is used to claim property from a deceased person's estate. It can only be used for estates that are worth less than $25,000. For small estates, petitioning for this process is the first step to avoiding an expensive and time-consuming probate process.

How do you probate an estate in South Carolina?

The probate process consists of a series of steps: Deliver the will at death. ... Personal representative is appointed. ... Notice to intestate heirs is sent. ... Inventory and appraisement of the estate. ... Final accounting. ... Disbursements. ... Close the estate.

How much is probate in South Carolina?

South Carolina Probate Estate Fee Schedule Size of Regular EstateFiling Fee$20,000 to $59,999$67.50$60,000 to $99,999$95.00$100,000 to $599,999$95.00 plus .15 percent in excess of $100,000$600,000 and above$845.00 on the 1st $600,000 plus .25 percent in excess of $600,0002 more rows

How long do you have to probate an estate in SC?

In South Carolina, it will take a minimum of eight months to probate even a modest estate because the law requires probate to remain open that long to allow creditors to file claims.