South Carolina Inheritance Loans and Probate Law
Jan 08 2019Laws for probate are designed to ensure the wishes of the decedent are honored according to the accepted will. Debts and taxes must also be paid and the rest of the estate distributed as specified. Every state makes its own statutes for probate such as when it must be filed and what property can be excluded from the process.
What are South Carolina Probate Laws?Probate laws in South Carolina are straightforward and fairly simple, but they do allow for a time-consuming process. Certain documents must be filed with the court, and specific steps must be followed to meet the requirements of the court. If you are the executor or administrator of an estate, you may be confused by the laws for probate. You can find an experienced probate attorney in South Carolina to help you through the process. The attorney will know the latest statutes, and they will protect the interest of the heirs. The attorney will also assist in filing all paperwork and meeting deadlines to ensure the probate process is completed according to state law. It can give you peace of mind to get the legal advice of an attorney.
What is the Probate Process in South Carolina?Probate is similar in many states, but there are some variations you need to know about in South Carolina. You will need to complete the following steps to have probate completed:
- The executor will make an appointment with the probate court in the county where the decedent lived. Form 300PC will need to be filled out to have the estate opened. You must file this form along with a copy of the death certificate. A filing fee will be collected.
- The court will appoint an executor as named in the will. If there is no will, they will appoint an administrator to handle the estate. The court will provide Letters of Administration to the person which gives them the authority to act on behalf of the estate.
- The first step for the executor is to “marshal” the assets or make sure everything is accounted for and safe. Then, the executor will take inventory for all the assets and provide the list to the court.
- Creditors must be notified, and all debts paid. The executor may liquidate assets if it is in the best interest of the estate.
- The executor will file tax returns and pay all taxes.
- Any assets left will be distributed to the heirs. The executor will make a report for all activity to file with the court. Once the report has been approved, probate may be closed.
What Property Will Go Through Probate in South Carolina?The only property that must go through the probate process in South Carolina is that which does not have a beneficiary or joint owner. If the decedent owned the property alone and had no beneficiary named, probate will be necessary. Payable upon death accounts such as bank accounts, life insurance policies and retirement benefits will not need to go through probate. If an estate is valued at less than $25,000, it may not need to go through probate. Instead, a request may be filed with the court for a simple estate administration. There can be no disputes against the estate by the heirs for this simplified process to be approved.
How Can You Avoid Probate in South Carolina?It is possible to avoid the cost and time-consuming process of probate if you know what to do. A living trust allows the estate to be transferred to a named beneficiary instead of distributing it to heirs. Probate is a complicated process that can last for well over a year or even several years. In fact, it is required for probate to be open for at least eight months because that is how long the court gives creditors to file a claim against the estate. If a family member disputes the will, it can take years to be resolved. A living trust can prevent many of these problems.
How Can You Access South Carolina Inheritance Funds Quickly?You don’t necessarily have to wait for probate to be completed in South Carolina to gain access to your inheritance funds. You may qualify for a probate cash advance which allows you to get the money sooner. It can take a few days to receive the funds with an easy application which is secure. You won’t be limited on how you choose to spend the money. Probate Advance provides the funds you need from your inheritance now rather than waiting for probate to be closed. You won’t have to pay any hidden fees or interest on the money, and no monthly payments are required. Instead of waiting years for your funds, you can get them in as little as two days.
Do You Qualify for an Inheritance Cash Advance?It doesn’t take long to find out if you qualify for a cash advance on your inheritance. If you are an heir or beneficiary to an estate, you may qualify to get the money in just two days. You can use the money to take a vacation, pay for college, update your home or do anything else you want to do with your inheritance.
What Do You Need for a Probate Advance in South Carolina?You will need to provide documentation showing that you are an heir to the estate. Select how much of your inheritance you want now, and in as little as two days, you may have the money in your bank account.
What Areas of South Carolina Qualify for an Inheritance Loan?We provide inheritance loans throughout all of South Carolina, including:
- North Charleston
- Rock Hill