How can an estate avoid probate in South Carolina?

How can an estate avoid probate in South Carolina?

For an estate to avoid probate, the deceased must own no assets subject to probate at the time of death. A common way to do this is to put all those assets in a living trust (an inter vivos trust), which stays in someone’s name and control during their lifetime and immediately passes to the named successor trustee upon death.

What happens to my late father’s assets in probate?

In this case, any non-probate assets — jointly owned bank accounts between your stepmother and late father, and any life insurance policies or brokerage accounts where your stepmother was named as beneficiary — will go to her. Anything that goes through probate (that is, the court process) will also go to her.

What should I do with my father’s estate?

It was your father’s estate when he was alive, not yours, and now it belongs to your stepmother. Children sometimes confuse their parents’ assets with their own. It’s a common mistake. Your story is a cautionary tale. My advice for others: Write a clear will. My advice for you: Write your stepmother a nice card for the holidays.

How to deal with bills and mortgages before probate?

Dealing With Bills and Mortgages Before Probate. Make a complete list of the decedent’s liabilities, even before the probate estate is opened. It will help streamline the probate process later. Bills and statements you should look for include: Mortgages. Lines of credit. Condominium Fees.

In this case, any non-probate assets — jointly owned bank accounts between your stepmother and late father, and any life insurance policies or brokerage accounts where your stepmother was named as beneficiary — will go to her. Anything that goes through probate (that is, the court process) will also go to her.

How does an estate go through probate in South Carolina?

For an estate to go through probate, no estate planning is required. A person’s estate can pass through probate whether they died without a will or with one, as long as it has assets that are subject to the process. For an estate to avoid probate, the deceased must own no assets subject to probate at the time of death.

Dealing With Bills and Mortgages Before Probate. Make a complete list of the decedent’s liabilities, even before the probate estate is opened. It will help streamline the probate process later. Bills and statements you should look for include: Mortgages. Lines of credit. Condominium Fees.

What do you call a property that has to go through probate?

This property is commonly called the probate estate. If there are assets that require probate court proceedings, it’s the responsibility of the executor named in the will to open a case in probate court and shepherd it to its conclusion. If there’s no will, or the will doesn’t name an executor, the probate court will appoint someone to serve.