What are the time limits for filing a will for probate?

In South Carolina, the time limit for filing a will for probate depends on when the will was created and who holds the will. If the will was created before June 30, 2015, the executor, or personal representative, has one year from the date of the testator’s death to file the will in probate court. If the will was created after June 30, 2015, the executor has four years to file the will. If the will was created before June 30, 2015, but the executor does not have possession of the original will, the executor has six months to file the will in probate court. If the will was created after June 30, 2015, and the executor does not have possession of the original will, they have two years to file the will. If the will was not created in South Carolina, the testator must give the original will to the executor within ten days of their death. The executor then has two years to file the will in probate court. The executor must also follow certain filing requirements before the court will approve the will for probate. This includes completing and filing all required forms, providing a copy of the death certificate, and filing the will along with any documents related to the testator’s property. If the executor fails to file the will in probate court before the time limit expires, it may be considered invalid and the testator’s property may be distributed according to the laws of intestacy. Therefore, it is important for the executor to file the will as soon as possible to ensure that the testator’s wishes are honored.

Related FAQs

Who should I name as executor of a will?
What is required for a will to be witnessed and signed?
What is a living trust?
What happens to a will when the testator dies?
What is the difference between a trust and a will?
Who will receive the estate if a will is invalid?
Can a will be challenged if it was executed under duress?
What happens to a will after probate?
How do I create a trust for my beneficiaries?
Can I make changes to a will after I have died?

What are the time limits for filing a will for probate?

Related FAQs

Related Blog Posts