Tag Archives: Probate

Can a non-South Carolina resident serve as the personal representative of an estate?

Yes, the facts and details of your situation need to be discussed with an attorney and/or the probate court, but likely you can complete an “Appointment of Agent for Service of Process”, SCRCP Form #121ES naming a SC resident who agrees to receive service of all lawful process in any action at law or equity...
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How does an elective share work?

In most states the law allows a surviving spouse to make an election against decedent’s will to ensure the surviving spouse receives a fair inheritance.   In South Carolina the percentage for an elective share is 1/3 of the “probate estate”. The elective share replaced the old English concept of dower which gave a woman...
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How does a Personal Property Memorandum work?

A Personal Property Memorandum is a separate writing in either your own hand or one typed and signed by the testator and two disinterested witnesses that addresses distribution of various items of tangible personal property and names the recipient of the gift upon the testator’s death.  The document must exist at the time of the...
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