What is the difference between probated and non-probated assets?

Probate law in South Carolina deals with the legal process of distributing assets after the death of an individual. Probated assets are those assets that will pass through the probate court. These assets are usually governed by the terms of the deceased’s will, if any. Probated assets are also subject to the jurisdiction of the probate court and may require approval from the court before being distributed to the beneficiaries. Non-probated assets are those assets that do not have to go through the probate court and will be distributed to the beneficiaries outside of the court. These assets are items that pass directly to the beneficiaries without the need for court approval. Examples of non-probated assets are those that are held in trust, life insurance policies, and in some cases, joint bank accounts. In summary, the difference between probated and non-probated assets is that probated assets must pass through the probate court and are subject to court approval before being distributed to the beneficiaries, while non-probated assets are distributed without court approval.

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