Understanding Muniment of Title in South Carolina Probate Law

Dealing with probate following the death of a loved one can be a complicated process. However, in South Carolina, you may have the option of going through a muniment of title probate instead. If you’re wondering what that means, don’t worry. This article will give you a clear understanding of the muniment of title in South Carolina probate law.

Muniment of Title vs. Traditional Probate

When someone dies in South Carolina, their estate must go through probate before the assets can be distributed to heirs and beneficiaries. The traditional probate process involves:

• Appointing an administrator
• Validating the will
• Identifying assets
• Notifying heirs
• Settling debts
• Distributing assets

This process can be both time-consuming and costly, so it should come as no surprise that many residents of the Palmetto State are looking for ways around it. While there’s no way to avoid probate entirely, a muniment of title may be a suitable alternative.

Muniment of title usually refers to a proof of real estate ownership, such as a deed or contract. The muniment of title probate process allows for the transfer of assets with proven ownership without complete probate administration. Basically, a decedent’s heirs petition the court to have the will entered into the public record. Once it’s recognized by the court, they can use it to facilitate the transfer of property from the estate.

Since muniment of title bypasses many of the most complex steps involved in the traditional probate process, it tends to be less time-consuming and more affordable. It’s sometimes a viable option for the four in ten American adults who have a will.

Eligibility Requirements for Muniment of Title in SC

Not every estate is eligible for a muniment of title. To be eligible, the estate must be covered by a valid will, and it must have no debts. No one can contest the will if it is to successfully go through a muniment of title probate. Basically, this option is suitable for simple estates involving property transfer without any complications.

Why Hire a Probate Lawyer?

Since the muniment of title probate applies exclusively to simple cases, it may be tempting to assume that you can avoid further costs if you opt not to hire a probate lawyer. That’s usually a mistake. Probate attorneys can review the estate’s eligibility for muniment of title, ensure that the application is filed correctly, and avoid unnecessary delays.

The Benefits of Muniment of Title Probate

Muniment of title probate is relatively rare. In 2023, around 2.6 million estates went through probate. Of those, the vast majority underwent a traditional probate process. However, for the minority of cases that could be resolved through muniment of title probate, the benefits were great. There are two primary benefits of the muniment of title probate:

• Simplicity. The process is much simpler than traditional probate, which typically lasts eight to twelve months in South Carolina, so it can be handled quickly and efficiently. You’ll still have to wait the requisite eight months following probate for the assets to be distributed, but you won’t have to go through a lengthy probate process.
• Cost. It tends to be less expensive than traditional probate. Part of the reason for this discrepancy is that muniment of title is only available in cases where the will is uncontested and the estate is relatively simple to administer. However, even within this subset of cases, it’s still more affordable to opt for muniment of title over traditional probate.

FAQ

Q: When Should You Use a Muniment of Title?

A: You should use a muniment of title when the estate is simple and the transfer of property is the primary goal of undergoing probate. Muniment of title is not suitable for more complicated probate cases, and it’s not viable for any case in which heirs or beneficiaries contest the will. When in doubt, ask a probate lawyer for advice about whether to take this approach.

Q: What Is the Order of Inheritance in South Carolina?

A: The order of inheritance in South Carolina applies to the estate of any person who dies intestate, or without a valid will. It states that the inheritance will go first to a surviving spouse, then to children of the decedent, then to the decedent’s parents, siblings, or other next of kin, in that order. If no next of kin is available to receive the inheritance, it will go to the state.

Q: Does an Executor Have to Show Accounting to Beneficiaries in South Carolina?

A: An executor has to show accounting to beneficiaries in South Carolina if the beneficiaries request it. The executor has a fiduciary duty to provide information about estate assets at the time of death, changes in the value of those assets, all incurred expenses, and the final distribution of the assets. If an executor refuses to provide an accounting, the beneficiaries can petition the probate court to force them to do so.

Q: Why Do You Have to Wait 8 Months After Probate?

A: You have to wait eight months after probate in South Carolina before distributing assets for two reasons. The first is that it gives creditors time to file claims. The second is that it gives heirs or other interested parties the opportunity to contest the will. The waiting period also gives the personal representative time to appraise the estate’s assets.

Contact Mack & Mack Attorneys

Now that you have a clear understanding of the muniment of title in South Carolina probate law, it’s time to take action. If your loved one has passed away and you want to avoid an expensive, prolonged probate process, you should contact an attorney to discuss the possibility of muniment of title probate.

You can trust us to help you streamline the entire probate process, whether the estate is eligible for muniment of title or not. The team at Mack & Mack Attorneys has decades of combined experience and an intimate understanding of probate laws. We’ve handled both simple and complex probate cases, and we can help with yours, too. Contact us today to schedule a consultation.