What does it mean to "probate" a will?

To Probate a Will means the Will is admitted as valid under South Carolina law. Informal probate admits the Will as valid. Formal probate requires a hearing to confirm the validity of the Will. If the Will has erasures, white-out, or other markings, the Court may require a formal probate proceeding.

How do I know if I need to go through the Probate Court in Saluda County?

You file your proceeding in Saluda County Probate Court if the deceased meets any of the following:

• Was a permanent resident of Saluda County; or,
• Was a non-resident but owned property in Saluda County; or,
• Has a right through his or her estate to commence legal proceedings in Saluda County.

What if the deceased did not have a will?

When someone dies without a will, the estate is called “intestate”. When this happens, the property of the deceased is distributed to his or her family in accordance with the intestacy statute found in Section 62-2-101 of the SC Probate Code.

Do I need an attorney to probate a will?

For formal probate or appointment, the services of an attorney are recommended. This requires the filing of a Summons/Petition/filing fee and then service of the pleadings on the interested parties. A hearing will then be set for presentation of testimony. Since a hearing is not required for informal probate and/or informal appointment, an attorney is not necessary in this case.

How does a Personal Representative get appointed?

Appointment of a Personal Representative is granted informally to a person who has priority under South Carolina law. Usually, the Personal Representative is named in the will by the deceased. However, priority can result through the will, by law, by renunciation, or by termination. Any person with priority may nominate another. A person without priority may only be appointed through formal proceedings. Following service of the formal Summons/Petition, a hearing will be scheduled to determine who is the appropriate person to administer the estate.

What are the duties of the Personal Representative?

The Personal Representative is responsible for 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 all assets are disbursed properly.