Estates & Wills

Devolution of estate at death:

The power of a person to leave property by Will and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations as contained in South Carolina Code of Laws Title 62; as amended.

Wills are not filed prior to death.
TYPES OF PROBATE:

Testate -- Formal or Informal Probate (a Will- bond may or may not be required)
Intestate -- Formal or Informal Probate (no will- bond may be required)
Small Estate Affidavit -- If it appears from the Inventory and Appraisement that the value of the entire estate, less liens and encumbrances, does not exceed twenty-five thousand dollars the affiant, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in Section 62-3-1204.
Will filed Only -- Estate devoid of Assets.

Estates are probated if the decedent was a resident of Aiken County or a non-resident holding property in Aiken County.