When is probate required?

Probate is a legal process that is required to transfer someone’s property and assets when they pass away. In South Carolina, probate is required if the deceased had a valid will or if they passed away without having a will (intestate). If the deceased had a valid will, then probate is required to ensure that the deceased’s wishes regarding the distribution of their assets are carried out. If the deceased passed away without a will, then probate is needed to ensure that the deceased’s assets are managed and distributed in accordance with South Carolina’s intestate succession laws. In addition to establishing the deceased’s wishes regarding the distribution of their assets, probate is also needed to provide an official record of the deceased’s assets and liabilities. This information is necessary in order to properly pay creditors and to properly and accurately distribute the deceased’s assets. Probate is also needed to legally transfer titles and interests to assets. For example, if the deceased owned a car or a house, the title or deed has to be transferred to the appropriate beneficiary. This can only be done through the court after probate has been completed. Overall, probate is required when someone passes away in order to ensure that the deceased’s wishes regarding the distribution of their assets are taken into account and that all of their assets and liabilities are properly managed and distributed.

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