Does an intestate succession require probate court approval?
In South Carolina, an intestate succession does not require approval from a probate court. Generally speaking, intestate succession is the process of distributing a deceased person’s assets when the person did not leave a will. In South Carolina, intestate succession laws dictate that the decedent’s assets will be given to the beneficiaries in accordance with a particular set of succession rules. These include rules determining the order in which the decedent’s assets are distributed, as well as the requirements for who is eligible to receive the assets. Once the decedent’s assets are determined, the process of distributing them is typically handled by an executor or administrator. This individual is responsible for making sure that the assets are transferred to the rightful heirs in accordance with the state’s intestate succession laws. As a result, probate court approval is not typically required for the transfer of assets in an intestate succession. However, if there is a dispute or other issues that need to be resolved, then the court may be involved in the process.
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