Avoiding Probate Court
What is wrong with going through Probate Court?
Most people find four problems with their estate going through Probate Court:
1. It can be
expensive. There are legal and executor fees involved which must be paid
before the estate can be distributed. If you own real property in other
states, that property must go through Probate in those states, increasing
the costs of Probate.
2. It takes
time. In South Carolina, a bare minimum of more than eight months is
necessary to probate an estate. During this time, the assets are usually
"frozen" and cannot be used by the heirs. If money is needed, the family
members must usually petition the court for the money, and the request may
3. You have
no privacy. The will and an inventory of all the assets of the estate is
placed on public record in the Probate Court. Any "interested parties" can
request and look at all the information in the estate's file. This may mean
disgruntled heirs and unscrupulous solicitors who will cause problems for
the family members.
|4. Your family has no control. The probate process is dictated by statute in South Carolina and most other States, and is under the control of the Probate Court. Click here for more information at Cutchin Law Firm, PC|
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