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| Frequently Asked Questions |
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Q: What estate planning documents should I have?
A: 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).
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Q: In South Carolina, how is the property of a deceased citizen distributed if there is no will?
A: 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).
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Q: What are the requirements for having a legal will?
A: 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.
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Q: Where are you located?
A: We are located at 1701 Main Street in Columbia, SC. We are in the Richland County Judicial Center (courthouse) which is located at the corner of Blanding and Main Streets, on the second floor, room 207.
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Q: Is there an estate open?
A: You can call or come in at any time to find out if we have an estate open. You can also search records online by selecting Estate Inquiry from the right menu.
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Q: What is your mailing address?
A: P.O. Box 192 Columbia, S.C. 29202
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Q: What is your direct phone number?
A: You can reach our
- Estate Division (803) 576-1961
- Judges Chambers (803) 576-1997
- Guardianship/Conservatorship Division (803) 576-1962
- Commitment Division (803) 576-1965
- Marriage License Division (803) 576-1992
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Q: What is the direct number to call my estate clerk?
A: You can at any time call our receptionist at (803) 576-1961 to get the direct phone number for the estate clerk assigned to your particular estate.
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Q: Can you send me the paper work?
A: Yes, you can contact our receptionist at (803) 576-1961. She will be more than happy to mail you our packet of information.
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Q: What is the difference in a regular estate and a small estate?
A: A regular estate is when the decedent owned real estate or had assets valued at more than ten thousand dollars. A small estate is when the decedent owned no real estate and the total assets are valued at less than ten thousand dollars.
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Q: How can I be appointed as the power of attorney for someone?
A: A. You will need to contact an attorney for the proper documents to be drafted. Please refer to the list of Estate Planning Attorneys.
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Q: Do I need an appointment to open an estate?
A: Yes, it is always best to schedule an appointment ahead of time so that you do not have to wait and so that we can ensure that you have the necessary paperwork prior to your arrival. To schedule an appointment and to receive the required forms, please contact the receptionist at (803) 576-1961. While we do request that you schedule an appointment for the opening of an estate, we understand that emergencies do arise when this may not be possible. In this event, please contact our office as soon as possible and we will make every effort to assist you.
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Q: Are Probate records available for the public to review?
A: Yes and no. Estate files, with the exception of death certificates, are public record and can be viewed in our office located in Room 207. Because of the private nature of their contents, Guardianship/Conservatorship are not public record; however, on an individual basis people may request to view these files subject to the approval of the Court. Similarly, Commitment files are also confidential and are not available for the public. Because of state and federal confidentiality laws governing these records, we have developed a very specific authorization and release form to secure documents, which can be found in the Commitment section of our website.
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Q: Does it cost to file a claim?
A: 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.
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Q: How much does it cost to open an estate?
A: The cost to open a regular estate is a total of eighty dollars, forty-five dollars of which is payable to the Richland County Treasurer, with the remaining thirty-five dollars payable to the Richland County Probate Court. The forty-five dollar fee assists in administration costs, and for most estates the thirty-five dollar fee covers the costs for advertising the decedent’s information in the newspaper for creditor’s claims, as required by law. In addition to the initial filing fees, there may be additional fees as determined by the value of the assets listed on the Inventory and Appraisement, which are reflected on the fee schedule shown in the filing fees section of this website. To open a small estate the fees are based on the value of the estate and should be payable to the Richland County Treasurer. If the small estate is less than five thousand dollars, the fee will be thirty dollars. If the small estate is valued between five thousand and ten thousand dollars the fee will be fifty dollars.
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Q: What is probate for?
A: Probate is to transfer assets out of the decedent's name to the proper heirs.
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Q: What is the process?
A: 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.
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Q: Where do I park when I come for the appointment?
A: Directly in front of the courthouse on Main Street, there is unmetered ninety- minute parking. You can also use the metered parking in the parking lot beside the Courthouse.
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Q: What are the fees to Probate an estate?
A: Probate fees vary according to the value of the estate. Please refer to the Fee Schedule for assistance in calculating the fees.
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Q: What are the fees for?
A: There is an initial filing fee required by state law that is payable to the county to assist in administration costs. There is a thirty-five dollar fee, in most estates, which covers the cost for advertising the decedent's information in the newspaper for creditor's claims, which is also required by state law.
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Q: How long does it usually take to get an appointment?
A: We try to give you an appointment within one to two weeks, however, if you need an appointment sooner, we will be glad to try and accommodate you.
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Q: How long does it take to probate the estate?
A: 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
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Q: I just had a will drawn up; can I file it in your office?
A: A will is not filed in our office until the person is deceased.
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Q: Do I have to obtain an attorney in order to probate an estate?
A: 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.
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Q: Is there very much paper work involved?
A: There are several forms that are required. Your estate clerk can explain the process but will not be able to advise you as to how to fill the form out.
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Q: Do life insurance policies that are payable to a beneficiary have to go through Probate?
A: Life insurance policies payable to a beneficiary must be reported on your Inventory and Appraisement but are not calculated in when calculating filing fees. The transfer of that asset should be dealt with by the beneficiary of the policy and the company or agency providing the benefit.
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Q: Do I have to type the information on the forms?
A: It is always helpful to have the form typed or printed on the computer but it is not required.
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Q: Can you fax me the forms?
A: Yes, we can fax the forms to you or you can download the form that you need from our website. You will however, need to mail or hand deliver the documents to Probate Court as we must have the original signatures.
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Q: Do I have to publish the decedent's death in the paper?
A: No, we provide that service. The fee is included in the amount to open the estate.
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Q: What paper will it be published in?
A: We offer two newspapers, The Columbia Star and The State Newspaper. The choice of the newspaper is at the Personal Representative's discretion.
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Q: How long do creditors have to file a claim?
A: Eight months from the first date of publication or one year from the date of death.
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Q: Where can I get a copy of a deed?
A: 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.
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Q: I need a certificate from probate; what is that and how can I get that?
A: 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.
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Q: Do I have to open an estate account?
A: You will need to open an estate account for assets of the estate. These funds should not be commingled into any other account until a distribution of the assets occurs. The estate account should always be interest bearing and you should request your canceled checks to be returned or request carbon copy checks.
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Q: Can I pay the decedent's bills now or do I need to wait until I am appointed as personal representative?
A: It is best to wait until you meet with the estate clerk for advice on how to go about paying bills.
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