Q: South Carolina Probate - Could this case be declared void for lack of jurisdiction?
SC law regarding venue for probate requires it be in the county where the decedent was domiciled at the time of her death, and if she was not living in the state, then in the county where her property was located at the time of her death. The Decedent's death certificate states she was a resident of VA. The PR testified she disbursed all of the SC assets without recording anything in the inventory, without appraisals and without a court order. She ignored all requests for supplementary inventory. All of the property listed in her inventory was from VA. Therefore, there is nothing on the record to prove the decedent met the requirements for probate in SC. If the PR is not removed and a special administrator appointed to recover and record the missing SC assets, could this case be declared void for lack of jurisdiction?
A: Your motion to remove the fiduciary for cause, and possible dismissal for lack of subject matter jurisdiction, is very late. If no property has been distributed yet, then file the motions. A SC Court cannot directly transfer property in VA, but an ancillary probate in VA can. If there are sufficient assets, then hire a competent SC lawyer to litigate it. Ultimately you will need a VA attorney to finish it.
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