Office Hours : Monday - Friday 8:30 AM - 5:00 PM
|
|
|
|
|
Office Hours : Monday - Friday 8:30 AM - 5:00 PM |
|
We hope that you will find this information useful and informative. We have include some general information, brief overviews and various functions and services our Court provides to the public. Also included are frequently asked questions and common probate terms |
|
Note: Coming soon..........downloadable forms |
|
Document Navigation |
|
|
|
Mission Statement |
||
|
This mission of the Newberry County Probate Court is to provide justice under the law, equally, impartially, and expeditiously. As servants to the public, we are dedicated to a continuous quest to provide the highest quality of support and assistance with sensitivity and understanding. |
||
|
General Information |
||
|
Newberry County Probate Court has
contact with approximately 600
families per year
with an average of 400
estates being
probated. As you can expect, each case scenario is different which
makes it difficult for our office to advise families until the Court
has all pertinent information. As circumstances differ, probate
requirements may vary also.Our office also issues approximately 300
marriage licenses per
year in addition to handling involuntary commitments for mental
health or alcohol/drug abuse, supervising and appointing guardians
and conservators, and approving minor and wrongful death settlements. |
||
|
Services We Do provide |
||
|
||
|
Services we DO NOT provide |
||
Hear criminal cases
|
||
|
Administering Estates |
||
|
Types of Estates
What does it mean to "probate" a will? Probate means the Will is admitted as valid under South Carolina law. Informal probate admits the Will as valid. Formal probate requires a hearing to confirm the validity of the Will. If the Will has erasures, white-out, or other markings, or if the Will is improperly signed or the original cannot be found, the Court may require formal probate proceedings.
How do I know if I need to go through the Probate Court? If the deceased was a permanent resident of Newberry County, was a non-resident holding property in Newberry County, or has a right to take legal action in this county, the estate must be processed through Newberry County Probate Court.
What if the deceased did not have a Will? When someone dies without a Will, his or her estate is called "intestate". In this case, the State delegates who inherits and in what amount. The State of South Carolina does not derive any gain from the assets of the estate.
Do I need an attorney to probate a Will? For formal probate or appointment, the services of an attorney are recommended. This requires the filing of a Summons and Petition. A hearing will then be set for presentation of the testimony. However if an estate is opened informally, no attorney is required.
What is a Personal Representative? It is the person appointed in the Will to handle the estate.
How does a Personal Representative get appointed? Appointment of a Personal Representative is granted informally to a person who has priority under South Carolina law. Normally, the deceased names the Personal Representative in the Will. However, priority can result through the Will, by law, by renunciation, or by termination. Any person with priority may nominate another. A person without priority may only be appointed through formal proceedings.
What are the duties of the Personal Representative? The Personal Representative is responsible for collecting, protecting, and administering the estate. This includes giving notice to all interested parties, filing an Inventory of estate assets, making sure assets are secure during the probate period, paying claims and costs filed against the estate, and making sure heirs and devisees receive property as designated under the Will.
Where do I start and how much does all of this cost? If the decedent died with a Will, (testate) within thirty (30) days from the date of death, the personal representative named in the Will should call the Court for an appointment. The clerk will give instructions as to what is needed for the first appointment. Every effort will be made to accommodate your request as soon as possible. If the decedent did not have a Will, (intestate), next of kin should contact the Court within thirty (30) days from the date of death for an appointment. The clerk will give instructions as to what is needed for the first appointment. Filing fees and costs that are paid to the Probate Court are set by law for all estates.
When is Bond required? Bond is required in the following circumstances:
Bond may be waived if all heirs and devisees sign an agreement to that effect.
|
||
|
Marriage License |
||
|
Marriage Licenses may be applied for at the Probate Court between the hours of 8:30 am - 5:00 PM, Monday through Friday. The Probate Court is located in the Newberry County Annex, 1309 College Street, Newberry, SC. Both parties must be present to apply for a license. If you are over the age of eighteen (18), you must bring two mandatory forms of identification. The first is a Driver's License or state issued ID. The second is your Social Security Card. If you are under the age of eighteen (18), you must bring a certified copy of your long form birth certificate. A parent must accompany the minor and give consent. Applicants are required to pay a $45.00 fee for the license. There is a 24 hour waiting period before you can receive your marriage license. You do not have to be a resident of this state to apply for a marriage license but the ceremony must be performed in South Carolina. Blood tests are not required in this state. The Newberry County Probate Court does perform ceremonies at a charge of $25.00. You must schedule an appointment with our office and the fee must be paid at the time the ceremony is scheduled. You may obtain certified copies of your marriage license in this office if you originally applied for your license in this county. There is a $5.00 fee per certified copy. Our marriage records date back to 1911. |
||
|
Mental Health / Chemical Dependency |
||
|
Remember, the first contact is Newberry County Mental Health. This service is available to all citizens of the county but can only be instigated by an adult who must have first hand knowledge of the person's alleged problem.
|
||
|
Guardianships & Conservatorships |
||
|
This page is not an exhaustive review of Probate Law. See your attorney for further details. How do I know if I need to establish a guardianship or conservatorship? If you know someone who, because of a disability, can no longer manage their money or make decisions about their personal or medical care, that person may need a court-appointed Guardian or Conservator. In the case of a minor, a Conservator must be appointed in certain cases when the minor is entitled to receive a sum of money from an insurance settlement, inheritance, etc.
What is a guardianship or conservatorship? In South Carolina a Guardian handles personal and custodial matters for an incapacitated adult. The incapacity may be due to mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs or alcohol, or other causes, except minority. A Guardian must decide where the person will live and make provisions for his/her care, comfort and maintenance, including mental and health care decisions. A Conservator manages financial affairs or property for an incapacitated adult or for a minor. A bond insures that the conservator carries out his duties faithfully and appropriately. The bond is based on the total value of the protected person's property (excluding real estate), plus one year's estimated income. The Conservator must manage and protect the property, and report periodically to the Court about the assets, receipts and disbursements of the estate. No expenditures can occur without written Court order. If the Court appoints you Conservator, it will be your responsibility to dutifully handle the financial situation of the protected person as stipulated by the Court.
Contact an attorney who practices in the Probate Court. Lawyer's fees can vary depending on the circumstances and complexity of the case. A lawyer must also be appointed to represent the allegedly incapacitated adult.
What is the general process? Guardianship:
Conservatorship - Adult and Minor
How do I handle the money? Filing fees are set by law and must be paid to the Court. If a Guardian and/or Conservator is appointed, the fees are generally paid from the estate of the protected person. Attorneys, examiners, visitors and others may be entitled to reasonable compensation for services as determined by the Court.
How does the death of a protected person effect the Guardianship or Conservatorship? The Guardian or Conservator will be discharged. The Personal Representative of the estate will then take over the management of the financial affairs from the Conservator.
What if I die or can no longer be the Guardian or Conservator? The Court in such emergency situations may appoint a Special Conservator or Guardian. You may not "quit" as Guardian or Conservator, but you may have someone else petition the Court to be appointed as Successor Guardian or Conservator of the protected person.
When are Protected Proceedings NOT necessary?
|
||
|
Frequently asked questions |
||
|
Q:What estate planning documents should I have? A :Everyone should consider a Last Will & Testament, Durable Power of Attorney, Health Care Power of Attorney, Declaration of a Desire for a Natural Death (Living Will)
Q:In South Carolina, how is the property of a deceased citizen distributed if there is no will? A: If one dies without a will, the laws of intestate succession control probate property. Generally, the property passes in accordance with the deceased's family tree (unless there are nonprobate transfers).
Q:What are the requirements for having a legal will? A:The document must be in writing, signed by a testator who is at least eighteen (18) years old and have two witnesses. You should consult an attorney to prepare your will. Please do not attempt to prepare your own will. Also, if you have a will, you should never alter that document in any way without first consulting an attorney.
Q:What is required for one to apply for a marriage license in this state? A: A person must be at least eighteen (18) years of age or have parental consent. The license is normally issued following the mandatory 24-hour waiting period once the application is filed and the $45.00 fee is paid.
Q.Where are you located? A :We are located at 1309 College Street, Newberry, SC, in the Newberry County Annex.
Q:What is your mailing address? A: PO Box 442, Newberry, SC 29108
Q:What is the difference in a regular estate and a small estate? A:A regular estate is when the decedent owned real estate or had assets valued at more than ten thousand dollars. A small estate is when the decedent owned no real estate and the total assets are valued at less than ten thousand dollars.
Q:How can I be appointed as the power of attorney for someone? A:You will need to contact an attorney.
Q:Do I need an appointment to open an estate? A:Yes. Q:Are probate records available for the public to view? A:Yes.
Q:Is there a fee to file a claim? A:No. However, you need to make sure that an estate has been opened in our office. If there is no estate, we cannot accept the claim.
Q:What is probate for? A:Probate is to transfer assets out of the decedent's name to the proper heirs.
Q:What are the fees to probate an estate? A:Probate fees vary according to the value of the estate.
Q:How long does it take to probate the estate? A:A regular estate will take at least eight months to one year.
Q:Can I file my will with your office? A:A will is not filed with our office until the person is deceased.
Q:How long do creditors have to file a claim? A:Eight months from the first date of publication or one year from the date of death.
Q:I need a certificate from probate. What is that and how can I get one? A: A certificate is a Certificate of Appointment. This certifies whom the Court has appointed as Personal Representative of the estate. You can request certificates from the Court.
|
||
|
Common Probate Terms |
||
|
Accountings: Reports that contain the annual and final fiscal reports showing receipts and disbursements with date and purpose.
Estate Papers: The original probate papers such as wills, inventories, letters, accountings, etc.
Probate: The legal process of wrapping up a person's affairs, paying their bills and distributing their assets.
Testator: A person who has made a legally valid will before death.
Inventory: A form that outlines all of decedent's assets at the time of death
|
||
|
Contact Information |
||
|
Mailing: Location:
Newberry County Probate Court Newberry County Probate Court Telephone Contact: (803) 321-2118
Facsimile: (803) 321-2119
|
||