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Probate is a complex area of law.  We have tried to simplify much of it on this website.  If you do have any questions, please call us anytime.

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Probate Section of this Website

 

Probate Definitions

The many different terms used in Probate can be confusing.  Here are a few of the most commonly used words and a non-legalese, English definition of the words:  

Terms Meaning
Assets See Property.
Bequest Now called a Devise.
Decedent The person who has passed away.
Devise Assets to be given to a Devisee as instructed in the Will.
Devisee A person or organization who is named in a Will to receive an Inheritance.
Estate All the Property of the Decedent or Trust.
Executor Now called the Personal Representative.
Executrix Now called the Personal Representative.
Heirs People who are entitled to inherit Assets when no Will determines who is to receive the Assets. Heirs are always a party to any Intestate proceeding.
Inheritance The Assets an individual or organization will receive from the Estate.
Intestate The type of Estate in which there is no Will or the Will does not adequately distribute all the Assets.
Intestate Succession A South Carolina statute which dictates to whom Assets are to go if the Decedent did not specify who is to receive the Assets.
Legatee Same as a Devisee.
Non-Probate Estate The Assets which pass through operation of law (Living Trusts, beneficiary designations, joint tenancy with rights of survivorship, POD accounts, etc.) and avoid the Probate process. A tenancy in common is not a part of the Non-Probate Estate.
Personal Representative The person who is chosen by the Probate Court to administer the Probate Estate.
Probate A court proceeding which has two main purposes:
  • to ensure that any creditor having a claim against the Decedent will be paid, if possible.
  • to ensure that any remaining Assets after creditors’ claims and administrative costs are distributed according to the statutes of South Carolina or in accordance with the desires of the Decedent.
Probate Estate The Assets which must go through the Probate process. These are usually all the Decedent's Assets other than the Non-Probate Estate.  Tenancies in Common are part of the Probate Estate.
Proceedings – Formal Any Probate proceedings in which there is a hearing before the Probate Judge. There must be notice given to all interested parties before a Formal Proceeding can be held.
Proceedings – Informal Probate proceedings which do not have a hearing before a Probate Judge.
Property Any real or personal property owned by the Decedent or in the Decedent's Trust.
Trust (click for information on a Living Trust) An arrangement for someone (a "Trustee") to take care of Property for someone else.  A testamentary trust takes effect after Probate.  A Living Trust usually is a document which is a “Will Substitute.” Assets in a Living Trust avoid Probate.
Will A document which meets South Carolina requirements for a Will. A Will is used to specify to whom you would like your Assets to go. It also usually specifies the Personal Representative.
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