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To ensure estate fraud does not occur, South Carolina uses the Probate Court to determine proper notification and distribution of interests have been applied. The court is involved in the verification of a Valid Will and Estate Appraisal as well as confirming taxes and creditors receive their due. The Court will appoint or assign a Personal Representative (also known as an Executor) to gather all necessary documents and perform the needed duties to complete the aforementioned tasks in order to close the estate.
If an estate does not meet the exceptions, it moves to Probate Court as either an Informal Probate, Unsupervised Formal Probate, or Supervised Formal Probate proceeds.
If all heirs and beneficiaries are cooperating and no creditor or other issues are present, one can file an Informal Probate application with the court to become a Personal Representative who will then be responsible for:
Should there be disagreements or obstacles the estate goes through court proceedings. A proceeding is categorized as Unsupervised Formal Probate if a Judge is needed only to settle objections. If, however, the court is involved in every aspect of asset distribution it is referred to as Supervised Formal Probate.