Legal Question in Wills and Trusts in South Carolina
probate
Generaly speaking how long does it take for the probate process to go through.My Mother passed away in May and my brother is executor of her will.He is telling me that monies will not be available until probably January.She had no debt.
2 Answers from Attorneys
Re: probate
I'm not sure how you can be sure there is no debt, unless you were handing your mother's finances for some time before her death. In any event, there is a statute that gives creditors a year to notify the estate of any claim or they are barred from bringing the claim, so most lawyers will wait at least a year from the date of publication. There may be some provisions in the will that take time to address, and there may be some tax or lien issues that need time to resolve. You should be able to get an answer from the attorney handing the estate, if any, or you brother if he is proceeding on his own.
Re: probate
If you are in SC that sounds about right....about 8 months for the estate to close out. You have a right to go to the probate court and review all documents/information submitted by your brother. Talk with the probate judge or the assistant if you have specific questions... they may help or they may just tell u to get yourself an attorney...