Monthly Archives: June 2016

How long do I have to probate a will in South Carolina?

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There are two important deadlines. First, In South Carolina, a person has a duty to deliver a will to the probate court within 30 days of knowledge of the testator’s death.  A person who intentionally destroys, conceals, or fails to deliver a will can be liable for damages. However, often it takes longer to get the probate process started for various reasons, and sometimes it takes longer than 30 days even to find a will. Barring any fraud, bad faith or delay because someone doesn’t like what the will says, the probate court is usually understanding.  Second, in South Carolina you only have 10 years after someone dies to probate their estate. After 10 years you will have to take other action, and many times an attorney can be helpful in going through your options.

 

 

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