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What is a petition for determination of heirs in SC?

Petition to Determine Heirs To allow the Court to hold this hearing, an interested party (typically the spouse or child of the decedent) must formally Petition the Court setting forth the heirs or family members, the status of the family members and documents supporting the status and relationships.

What is a petition to determine heirs in SC?

Hear this out loud PausePetition should allege all facts regarding who the heirs were at time of death, what law was in effect at time of death [include a copy of statute in effect at that time], and why probate administration was not done prior to this time. Serve pleadings on all interested parties (heirs) and file proof of service.

Which court process determines how property passes to the heirs or descendants?

Hear this out loud PauseProbate is the legal process that you must follow to transfer or inherit property after the person who owned the property has passed away. Depending on the amount and type of property the deceased person owned, you may or may not need to go to court to transfer or inherit the property.

What is the order of inheritance in South Carolina?

Hear this out loud PauseIf 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 would receive your estate.

What is the law on heirs property in South Carolina?

Hear this out loud PauseWhen heirs property is created, the heirs own all the property together (in legal terms, they own the property as tenants in common). In other words, they each own an interest in the undivided land rather than each heir owning an individual lot or piece of the land.

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