A Greenville Probate is required if the deceased was a permanent resident of the county and there are assets that need to be distributed to the heirs. Probate action may also be required if the deceased was a non-resident of South Carolina holding property in the county or had a right to take legal action in the county.
To start the probate action, if the decedent had a will (testate), within 30 days from date of death, the person nominated to be the executor should submit the original will, a certified copy of death certificate, and $10 filing fee to the Probate Court or either retain a Greenville probate lawyer to represent the estate. A clerk will be assigned to the probate case and will work with the executor (personal representative) or the estate attorney. If the decedent did not have a will (intestate), you can obtain initial paperwork to be completed from the Probate Court. The filing fees and costs which are paid to the Probate Court are set by South Carolina law for all estates.
The probate court is located at 301 University Ridge in Greenville, South Carolina 29601 known as County Square. The Estate, and Records Divisions are located in Suite 1200 while the Marriage License, Mental Health, and Conservatorship/Guardianship Divisions are located in Suite 5600.
A person appointed to handle an estate used to be called an Executor/Executrix or Administrator/Administratrix. Today the person appointed to handle an estate is called the Personal Representative or PR. However, most people, including most probate attorneys, still use the executor designation.
A person is not the executor of an estate until legally appointed by the Greenville probate court, even if they are nominated in the will. Usually, the Personal Representative or Executor is named in the will by the deceased and that person will be appointed by the probate court. However, the right to be appointed can result through the will, by law, by renunciation, or by termination. Any person with rights to be the PR may decline and nominate another. If a formal proceeding is required, following service of the formal Summons/Petition a hearing will be scheduled to determine who is the appropriate person to be appointed as the PR to administer the estate.
The Personal Representative is responsible for taking charge of and collecting, protecting
and administering the estate. This includes giving Notice
to all interested parties, filing an Inventory of the estate, making
sure assets are secure during probate time, paying required
claims and costs, and making sure the proper people get what they are
entitled to receive.The Personal Representative is the one that decides whether to retain a Greenville probate attorney to assist in the probate process.
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South Carolina Estate Planning Attorney
116 West Stone Avenue
Greenville, SC 29609