Q: So I'm completely confused with what I need to do and how to start the probate process.
My father recently died and my mother passed in 2013, leaving me as the only child and beneficiary. However, my father has no will or trust nor did he set up POD or beneficiaries on any of his accounts. Cash assets are under $50,000, the only property is a couple of cars and some normal household items. This is all new to me and I have no idea what I'm doing. Do I just go to probate court in Aiken county and say, "Hey". I'm really confused with what I need to do.
A:
First of all, please accept my condolences on the loss of your father.
You will need to open up a probate estate with the probate court in the county he was living in when he died. Once the estate is opened and you are appointed the personal representative (what used to be called "Executor"), you will be able to take care of transferring title to his property and distributing his assets.
There is a defined process for probating an estate in South Carolina, and there are different deadlines for the different tasks required. If you contact your county probate court, they may be able to direct you to the forms and resources you need to get started. While you are allowed to handle everything on your own, I recommend consulting with a local probate attorney who can provide specific guidance on your particular situation.
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