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


Asked on 2/07/00, 10:15 am

1 Answer from Attorneys
Melvin Peterson 763-424-6442

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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Answered on 2/09/00, 6:58 am


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