When is probate required? An Oconee 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 or any party in possession of the Last Will and Testament should submit the original will, a certified copy of death certificate if available, and $10 filing fee to the Probate Court. The party named to be the Personal Representative may elect to retain a South Carolina probate lawyer to represent the estate and start the application for them to be appointed as the Personal Representative (executor) of the estate. A clerk will be assigned to the probate case and will work with the Personal Representative or the South Carolina estate attorney on the necessary paperwork and notices that are required. If the decedent did not have a will (intestate), then there is a list set by statute of the party with priority to be appointed as the Personal Representative, starting with the surviving spouse.
to many other states, the probate process in South Carolina is
relatively simple, especially if there is a Last Will and Testament. The
person appointed as the Personal Representative can often handle to
process without the assistance of a South Carolina probate lawyer.
However, if the Personal Representative resides out of state, they will
need someone living is South Carolina to assist them and usually that
should be an attorney. For probate actions like a will contest,
determination of common law spouse, sale of real estate, determination
of heirs and similar issues, it is advisable to retain an attorney.
Since the attorney fee is usually an estate expense, the cost to retain an
estate attorney will normally be equally shared by all of the heirs of the
Note that this site is a private commercial website and not associated with any governmental agency. Below is the information on how to directly contact the Oconee court.
The Oconee probate court is located in the old school building at 415 S. Pine St. Room 202, Walhalla, SC 29691
P.O. Box 471, Walhalla, SC 29691
Oconee County currently does not have Probate Court listings online. It is recommended to call and make an appointment with the clerk in order to start estate proceedings.
Bethel Presbyterian Church, Walhalla
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 Oconee County 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
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 an Oconee probate attorney to assist in the probate
Wayne Patterson practices on a regular basis in the Oconee County courts.
Oconee County Probate Attorney
10 Century Dr. Suite B
Greenville, SC 29609
South Carolina Probate Statutes
2019 South Carolina Senior Citizen's Handbook
Oconee Probate Personal Representative Checklist
In most cases you will not need an attorney to assist you as the personal representative if you live in South Carolina and there are minimal assets in the estate. Simply call the probate court and schedule an appointment. You will need an original of the death certificate, original of the will if there is one, the contact information for all beneficiaries under the will and also all intestate heirs. While the clerk can assist you with the probate forms, the court cannot provide you with any legal advice. If you live out of state, you will need to appoint an agent in South Carolina and usually that should be an attorney.NOTICE: ONLY AN ATTORNEY LICENSED IN YOUR STATE CAN GIVE YOU LEGAL ADVICE
South Carolina Probate may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing South Carolina lawyers. This site is intended to provide you only with general information. South Carolina Probate does NOT provide legal, financial, or tax advice. Please consult a professional in these areas. Only an attorney licensed in your state can provide you with legal advice. This is a PRIVATE COMMERCIAL WEBSITE and not associated with any governmental agency. The content of any third party site which visit via a link from this site is solely the responsibility of the provider of that web site.
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