Is there a small estate exemption from probate in SC?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there a small estate exemption from probate in SC?

My wife and I hold a time share in SC as tenants-in-common. It is currently valued at about $400. This is the only property we have in SC. My wife passed away earlier this year and I would like to put the time share in my revocable living trust. If so, what do I need to do to transfer the property?

Asked on December 1, 2010 under Estate Planning, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  The way that Tenants in Common works in South Carolina - if the deed does not specifically state with rights of survivorship - is that is a right on inheritance in the property instead.  That means that your wife's share went to her heirs upon her death.  Did she have a Last Will and Testament?  Did she will the property to you?  If not, then the property will be distributed through the intestacy statutes.  And if you have children then they would receive a portion of the estate.  If you do not have children then most intestacy statutes include parents as well.  I would get some legal help with all of this.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption