Greensboro, NC asked in Real Estate Law and Probate for South Carolina

Q: My brother passed away 11/5/2022. He did not have a Will.

He was not married and had no children. It is just me and my and my younger brother who lives in another state.

I am the Personal Representative. The younger brother has said he is fine with me getting everything. He will sign off to that as well. The house is paid for. I am taking care of claims as they are filed against the Estate. If all claims are settled and the house does not have to be sold to take care of outstanding bills, can I go ahead and move the house into my name with out going to court and having the Judge sign off ? Move forward with closing out the rest of the Estate. The house is the only main asset.

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1 Lawyer Answer

A: It depends on whether the probate court appointed you as an independent personal representative or a dependent personal representative. Your probate lawyer should explain these differences to you. Even if court approval is required, under the circumstances you describe it should be perfunctory.

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