Is there a small estate exemption from probate in SC?
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Is there a small estate exemption from probate in SC?
My wife and I hold a time share in SC as tenants-in-common. It is currently valued at about $400. This is the only property we have in SC. My wife passed away earlier this year and I would like to put the time share in my revocable living trust. If so, what do I need to do to transfer the property?
Asked on December 1, 2010 under Estate Planning, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss. The way that Tenants in Common works in South Carolina - if the deed does not specifically state with rights of survivorship - is that is a right on inheritance in the property instead. That means that your wife's share went to her heirs upon her death. Did she have a Last Will and Testament? Did she will the property to you? If not, then the property will be distributed through the intestacy statutes. And if you have children then they would receive a portion of the estate. If you do not have children then most intestacy statutes include parents as well. I would get some legal help with all of this. Good luck.
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