Question 1. What is probate?
Probate is a proceeding pertaining to the administration of an estate that ultimately results in the legal transfer of property and title from a decedent's (person who has died) individual name to that of his/her beneficiaries.

Question 2. My mother/father died with a will. Do I have to go through probate?
A probate proceeding is not dependent on whether or not a person has a will. A will merely informs the court how the property is to be distributed. All property in a decedent's individual name that is without beneficiary designations must go through probate.

Question 3. My mother/father died without a will. Who gets what?
The South Carolina statutes define how property is to be distributed when a decedent dies without a will. It depends on a few factors, and one should consult an attorney to find out which statutes apply and how they will effect your situation.

Question 4. My mother/father just died and we owned a piece of property titled in both of our names. Do I automatically own it now?
It depends. You probably should show the deed to an attorney. If the title on the deed reads "JTWROS" or "Joint Tenants With Right of Survivorship", then the property might not have to go through probate. However, without those exact words, the property doesn't have an automatic survivorship. The property would need to pass through probate in order to transfer the title to you.

Question 5. What is the difference between an executor, a personal representative, and a trustee?
Both a Personal Representative and Executor are the names given to the person (or institution) you name in your will to carry out your wishes after you have died or who is appointed by the probate court to administer your estate if you died without a will. South Carolina uses the title "Personal Representative". A Trustee, on the other hand, is the person (or institution) you would name in a Trust to carry out the terms of your Trust if you had one.

Question 6. I just found out I have been named the personal representative in a will. What should I do? Should I distribute everything listed in the will right away?
No. The personal representative must first be appointed by the Probate Court in order to have the power to act. If you have been named as a personal representative you should contact the Probate Court in the county where that person lived for information on how to open the estate. It may be advisable to contact an attorney for assistance in opening and administering the estate.

Also see Estate Planning

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