Description: Starting the probate process in the Greenville probate court
Am I required to file for probate? A Greenville Probate is required if the deceased (called the decedent) was a permanent resident of the county and there are assets that need to be distributed to the heirs. Probate action may also be required if the deceased was a non-resident of South Carolina holding property in the county or had a right to take legal action in the county.
To start the probate action, if the decedent had a will (testate), within 30 days from date of death, the person nominated to be the executor or any party in possession of the Last Will and Testament should submit the original will, a certified copy of death certificate if available, and a $10 filing fee to the Probate Court. The party named to be the Personal Representative may elect to retain a South Carolina probate lawyer to represent the estate and start the application for them to be appointed as the
Compared to many other states, the probate process in South Carolina is relatively simple, especially if there is a Last Will and Testament. The person appointed as the Personal Representative can often handle to process without the assistance of a South Carolina probate lawyer. However, if the Personal Representative resides out of state, they will need someone living is South Carolina to assist them and usually that should be an attorney. For probate actions like a will contest, determination of common la