Everyone should consider a Last Will and Testament, Durable Power of Attorney, Health Care Power of Attorney and Declaration of a Desire for a Natural Death (or Living Will).

If one dies without a will, the laws of intestate succession control probate property. Generally, the property passes in accordance with the deceased's family tree (unless there are non-probate transfers).

A person must be at least 18 years of age or have parental consent. The license is normally issued following the mandatory 24-hour waiting period once the application is filed and after the fee is paid.

The document must be in writing, signed by the testator, who is at least 18 years old. You must also have two witnesses, who are not beneficiaries of the will. You should consult a Probate Attorney.

We are located at 415 S. Pine Street, Walhalla, SC 29691

You can call or come in at any time to find out if we have an open estate.

P. O. Box 471 Walhalla, SC 29691

Our phone number is (864) 638-4275 Our fax number is (864) 638-4278

A regular estate is when the decedent owned real estate or had assets valued at more than twenty-five thousand dollars. A small estate is when the decedent owned no real estate and the total assets are valued at less than twenty-five thousand dollars.

You will need to contact an attorney for the proper documents to be drafted.

No

Yes, in the Probate Court office.

No, there is no fee to file a claim, although you will need to make sure that the estate has been opened in our office in order to file your claim.

Probate is to transfer assets out of the decedent's name to the proper heirs.

This process varies according to the decedent's date of death, what the value of the estate is and whether or not the matter is contested. Each situation is unique. Your individual situation is best discussed with your attorney.

The fees are required by state law and payable to the county to assist in administration costs.

A regular estate will take at least eight months because that is the time period that an estate must stay open for creditor's claims, by state law. You should probably allow at least a year for an untaxable and uncontested estate to close. A small estate will be administered within 1 week to 10 days but cannot be filed until thirty days after the date of death.

A will is not filed in our office until the person is deceased.

We do not require you to obtain an attorney, but we do advise that an attorney is always helpful because probate can be a very confusing and complicated process.

There are several forms that are required. Your estate clerk can explain the process to you.

Life insurance policies payable to a beneficiary must be reported on your Inventory and Appraisement but are not calculated in when calculating court cost fees. The transfer of that asset should be dealt with by the beneficiary of the policy and the company or agency providing the benefit.

No.

No, we provide that service.

Eight months from the first date of publication or one year from the date of death.

The Register of Deeds Office for the county in which the property is located maintains recorded deeds. There will be a cost involved to obtain a copy.

A certificate is a Certificate of Appointment. This certifies whom the Probate Court has appointed as Personal Representative of the estate. Certificates are issued when the estate is opened. Additional copies can be made available. These cannot be issued if the Estate has been closed and can only be released to the Personal Representative of the estate.

You may need to open an estate account for assets of the estate. These funds should not be comingled into any other account until a distribution of the assets occurs. We suggest you consult an Estate attorney or a CPA for advice.

It is best to wait until you meet with the estate clerk for advice on how to go about paying bills.