Legal Question in Wills and Trusts in South Carolina
who has to file probate
is it true that if your property does not amount over
a certain amount that you do no have to file probate?
My nephew passed away recently and his wife says all
she has to do is get the property signed over into her
name. She also owes a hospital bill, mortuary bill
which a person at probate says she will not be
responsible for. What happens to the debts? There
has been a lot of bad feelings because of this due to
the fact that my brother and sister-in-law are going
to have to pay the bill. She is going to receive the
insurance money but she says they do not take the
expense for the hosital and mortuary out of this.
Thanks
1 Answer from Attorneys
Re: who has to file probate
Normally property owed by the deceased in his/her name alone has to be probated to get that property to the heirs. The creditors have a right to get paid from the assets of the deceased and they can ask probate court to have their claims paid. The liabilitye for the bills would be the estate I believe but I am not sure on this.
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