Category Archives: Probate Forms

What is an “Information to Heirs and Devisees?”

In a previous post, we discussed the Personal Representative’s duty to inform by issuing the Information to Heirs and Devisees. This is a state prescribed form, 305ES. Today, we will look at this form from the recipient’s perspective. This form … Continue reading

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Understanding Summary Administration

Similar to a small estate, summary administration is another abbreviated process available in the probate court under certain limited situations. For a variety of reasons, the same person wears may be both the Personal Representative as well as the only … Continue reading

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We Found The Will – Now What?

Many times people contact our office because a Will has been found among their deceased loved one’s belongings. A common question is what the next step is. The movie depiction of the family attorney reading the Will seldom occurs these … Continue reading

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Increase in Exempt Property

Exempt property is property that a surviving spouse can protect from creditors of the estate. By allowing exempt property, the S.C. Code essentially guarantees a spouse that he/she will be able to maintain certain household furniture, automobiles, furnishings, appliances, and personal … Continue reading

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What is a Small Estate?

In South Carolina, opening a small estate is a convenient alternative to opening a full estate.  It’s a quick and cheap option available to some depending on the value of the decedent’s property that needs to be transferred.  The small … Continue reading

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So how long is this going to take?

Perhaps one of the most common questions we get when people start the probate process is, “Exactly how long is this going to take?” Unfortunately, the answer to this question is very specific to your case and often beyond the … Continue reading

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Personal Representative’s Duties: Duty to Inventory Assets

Once serving as the Personal Representative, it will be necessary to take an inventory of all assets owned by the decedent at the time of his or her death. These items have to be recorded on the state approved form … Continue reading

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Personal Representative’s Duties: Duty to Inform

This post discuss a vital duty of Personal Representatives – the duty to inform the heirs and devisees. Continue reading

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