What is an affidavit?

An affidavit is a written statement that is sworn to be true and signed by the person making it. In South Carolina, an affidavit is used in probate law when an individual needs to prove or establish a fact related to the estate of a deceased person. The affidavit is used to verify information about the deceased person, such as their last known address, the names and addresses of their family members, or the assets and liabilities that make up their estate. In South Carolina, certain affidavits must be filed with the court for the probate process to move forward. This includes an Affidavit of Domicile, in which the executor of the estate must swear that the deceased person was a resident of South Carolina. An Affidavit of Collection is another affidavit that must be filed in order to collect assets that were held in the name of the deceased person. There are many other affidavits that may be necessary when probating an estate in South Carolina. An experienced probate attorney can advise on the type of affidavits that are necessary for the particular case. Regardless of the type, an affidavit is an important document in the probate process, and should not be taken lightly. It must be accurate and truthful, and any false information contained in the affidavit can result in legal consequences.

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