Probating a Copy of a Last Will and Testament

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Probating a Copy of a Last Will and Testament in South Carolina Probate Court

Probate proceedings can be complex and overwhelming, especially when handling the distribution of assets and the administration of an estate while dealing with your own grief. In South Carolina, probating a copy of a last will and testament is a process that allows for the validation and execution of a deceased individual's wishes when the original will cannot be located.

This blog post explores the steps in probating a copy of a last will and testament in South Carolina probate court to help you navigate this vital legal process.

What Is Probate, and When Should You Probate a Copy of a Last Will and Testament?

Probate is the legal process of administering a deceased person's estate, including distributing assets and settling debts according to their last will and testament or state intestacy laws (if no will exists).

When the original will cannot be found, South Carolina law allows for the probate of a copy of the will under certain circumstances.

These situations include the following:

  • Due diligence. The petitioner (or moving party) must demonstrate that a diligent search has been conducted to locate the original will, but it cannot be found. This process typically involves providing affidavits from individuals who were likely to have knowledge of the will's location or existence.
  • Credibility of the copy. The copy of the will submitted for probate must be deemed credible and authentic. These requirements mean that it must accurately represent the deceased person's intentions and be free from suspicion of fraud or tampering.
  • Notice to interested parties. Notice of the petition to probate the copy of the will must be provided to all interested parties, including beneficiaries named in the will and heirs-at-law who would inherit under state intestacy laws if the will is deemed invalid.
  • Court approval. The Probate Court will review the petition and supporting documents to determine whether the copy of the will can be admitted to probate. If satisfied that the legal requirements have been met, the court will issue an order admitting the copy of the will to probate and appointing an executor or personal representative to administer the estate.

Hiring a Lawyer for Assistance with Probate

While some probate procedures can be managed without an attorney, hiring competent legal counsel to handle this for you would be beneficial.

Below are the steps your attorney may take:

  • File petition. The petitioner (the person seeking to have the will admitted), typically the named executor or a beneficiary under the will, files a petition with the Probate Court seeking approval to probate the copy of the will.
  • Provide notice. Notice of the petition must be provided to all interested parties, as South Carolina probate law requires. This notification may involve publishing a notice in a local newspaper and serving notice on specific individuals.
  • Attend a hearing. A hearing may be scheduled to review the petition and any objections raised by interested parties. The court will consider the evidence presented and determine whether to admit the copy of the will to probate.
  • Administer the estate. Once the copy of the will is admitted to probate, the executor or personal representative is responsible for administering the estate according to its terms. This phase may involve gathering assets, paying debts and taxes, and distributing property to beneficiaries.

Reach Out to Our Firm!

Probating a copy of a last will and testament in South Carolina probate court requires careful attention to detail and compliance with state laws and procedures. If you are facing this situation, seek guidance from an experienced probate attorney who can navigate the process and protect your interests.

At Main Office, our knowledgeable lawyers are here to provide the guidance and support you need during this challenging time.

Contact us at (800) 914-0620 today to schedule a consultation and learn more about how we can assist you with probating a copy of a last will and testament in South Carolina probate court. We provide representation in Summerville and the surrounding areas.