How Do You Avoid Probate in South Carolina?

When someone passes away, their loved ones may need to go through court proceedings to inherit the person’s assets. This legal process is known as probate. Going through probate after a loved one dies can be a long, painful, and expensive process. In South Carolina, most estates will need to go through probate, but there are ways to avoid it. Many people want to spare their family and loved ones from this experience. So, how do you avoid probate in South Carolina?

In June of 2024, 160 estate cases were added to the caseload in York County, with 2,207 pending at the beginning of the month. Many cases mean it might take longer for you or your loved ones to move through the steps. Along with that, it can be difficult to navigate South Carolina’s complex probate law without a Lancaster probate attorney to guide you through the process.

What Isn’t Included in South Carolina’s Probate Law

According to the probate law in South Carolina, there are a few assets that are not subject to probate:

• A retirement account (401K or IRA) with a beneficiary
• Assets in a trust
• Joint bank accounts
• Real estate held in joint tenancy with rights of survivorship
• Insurance accounts with a beneficiary

As you can see from the list above, the accounts that include a beneficiary can avoid probate. Setting up beneficiaries can help your loved ones avoid the probate process.

Other Ways to Avoid Probate Law in South Carolina

If you want to save your family and loved ones from the hassle of probate law, there are a few ways you can do it.

1. Living Trust. By creating a living trust, you can avoid probate on almost any asset, including real estate, vehicles, accounts, and more. You would need to create a trust document and name a “successor trustee” who would help transfer the assets to trust beneficiaries without probate. If you would like assistance, you can use our estate planning services.
2. Joint Tenancy With Rights of Survivorship. If this is set up, then the rights to the property automatically switch to the joint owner upon the owner’s death. Probate will not be necessary as long as the property is held in joint tenancy with right of survivorship and the deed is correctly worded to reflect that ownership. It’s important that the deed explicitly states, “Joint tenancy with rights of survivorship, and not tenants in common,” to avoid confusion.
3. Payable-on-Death Accounts (POD). If you add a POD designation to your bank accounts, then they will be able to claim the funds in your account upon your death without having to go through probate. They don’t have any claim on your account before death.
4. Transfer-on-Death Securities (TOD). In South Carolina, you can register someone in a transfer-on-death form to your stocks and bonds, which allows them to take control of them upon your death. The beneficiary won’t have to take it through probate but will be able to work through the brokerage account directly.

If you still have questions or want to find out ways to avoid probate law that fit your particular situation, you can reach out to a Lancaster probate lawyer who can answer your questions and guide you through the process.

FAQs

Q: How Much Does an Estate Have to Be Worth to Go to Probate in South Carolina?

A: In South Carolina, most estates will have to go through probate unless they’ve designated a beneficiary or followed the advice of a Lancaster probate attorney. The kind of probate depends on the value of the estate. If the value of an estate is less than $25,000, then the probate can be reduced to something called “small estate administration,” which avoids the formal probate process.

Q: Does a Car Have to Go Through Probate in SC?

A: A vehicle must go through probate in South Carolina, unless its new owner was specified in a living trust or a will. The only other way you could avoid probate with a vehicle is if your name is on the title and includes an “or” between your names. This will make it easy for the DMV to transfer the title to your name. Otherwise, you’ll need an order from the probate court to transfer your name to the title.

Q: Is Probate Mandatory in South Carolina?

A: If the deceased did not leave a living trust, then it is likely that South Carolina will mandate probate proceedings. A will does not avoid probate, but guides how assets should be distributed during the process. The living trust or will must be presented to the state’s probate court within thirty days of their passing. If not, then their assets will be divided according to state law.

Q: Can You Avoid Probate in South Carolina?

A: Yes. You can avoid probate in South Carolina by listing your assets in a living trust alongside the names of those who will inherit them. If you have any confusion about how to do so, a Lancaster estate planning attorney can help you spare your loved ones from the hassle of probate by creating and defining your wishes in either a living trust or a will.

Contact Mack & Mack Attorneys Today

If you are trying to understand how to prepare your estate for your loved ones or are dealing with probate after you’ve lost someone, Mack & Mack Attorneys can help you. They have decades of experience with probate in South Carolina and understand how to help in a variety of circumstances.

Mack & Mack Attorneys understand the complicated probate laws and can provide you with not only support during this challenging time, but also personalized and experienced legal advice. They can help you:

• Open the deceased’s estate
• Create an inventory and appraise the deceased’s assets
• Identify liabilities within the estate, like debts and loans that need to be repaid
• Work within the law to distribute the assets correctly

Contact us today to schedule a consultation with an experienced Lancaster probate lawyer.