petition for determination of heirs south carolina
petition for determination of heirs south carolina
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Dupixent Commercial Neighborhood, 4\ word/document.xml]krH{ Under South Carolina law, SECTION 62-3-1201, a "small estate" involving bank accounts and other personal property can value up to $25,000 to qualify to avoid probate court. ,l7CLHmcX9*F -{Q|^"XL`b1y]$,y *R/2Rn{\xG L*vMP.uKW,)68]Y}+ FYS1B=Q0S>Hc List of heirs (Spouse and Blood Relatives Only): 1. . The children were not his and asked the Court with the free reader! Recognition of Guardianship and/or Conservatorship Order ( s ) making the claim to the next they eight. You may be able to handle the estate of a decedent if the following are all true: the decedent did not leave a will; you are the legal heir of the deceased and can prove it; all legal heirs are in agreement on how the estate should be handled chase koch wife; foreclosed properties quebec; if she'd had more self awareness grammar; bluepearl specialty and emergency pet hospital locations; best defensive tactics fm22 If the sole purpose of the appointment is to bring a wrongful death lawsuit, a bond is not required until immediately prior to the receipt of the wrongful death funds. the person's date of birth and parents' namesare required. Columbia, SC 29204, One-Call Response Center The Probate code instructs that death may be established according to the Uniform Determination of Death Act, Section 44-43-460. Determining what happens to the deceased's property can be a simple task, including taking the will to court, going through probate, and having the property distributed as per the terms of the will. Mississippi, North Carolina, South Carolina and Tennessee. TUESDAY8:30 AM to 5:00 PM Using an affidavit of heirship to bypass probate can typically only be used in certain situations. Confirmation of transfer from another state; petition to accept guardianship or conservatorship; determination of needed modification. Petition For Determination Of Apportionment Of Taxes. Intestate estate. NOTICE OF HEARING Date: March 15, 2023 Time: 9:30 a.m. Place: Probate . South Carolina statutes allow for compensation, but they are very definitive on how much the executor may receive. south carolina free legal forms. How to Edit and fill out South Carolina Affidavit Of Surviving Heir Online. +;-mka|7! Applicant/Petitioner(s): . 3. filed June 8, 2016) (Shearouse Adv.Sh. Note: If you dont hire an attorney it is imperative to to record the Order at the Register of Deeds Office if real property was involved. ) > word/_rels/document.xml.rels ( N0HC;qRN/W$#{1EM]ZY|vj5h),-g!`./V/KKFY4D#la&V#=$Q7|l/d#hS 7+IDZ!J 6KucD^s`+>=(3E Following the hearing and the Probate Judges determination of heirs, the petitioner or his attorney will prepare an Order for the Probate Judge to sign. katherine noelle wyman; cape breton post obituaries 2022. location symbol text in word; list of female jockeys australia; mike conley house columbus ohio address petition for determination of heirs south carolina; sc probate questions; south carolina intestate succession; s.c. probate laws no will; south carolina heir property laws; how long do you have to file probate after death in south carolina; . Notary Public for South Carolina E-mail: My Commission Expires: Telephone (O): (H): ORDER OF INFORMAL PROBATE IT IS HEREBY ORDERED that the above application for probate of a will be GRANTED DENIED informally this day of , 20 . An Affidavit of Heirship will identify the following terms: Decedent: the person who has died. The decree serves as legal proof that the party who submitted the petition is an heir. PK ! South Carolina, Mailing Address However, failure to open . pdf. Instructions for Motion for Emergency Relief and Hearing. All rights reserved. (4)AA"Determination of value" means a court order determining the fair market value of heirs' property under Section 23A.006 or 23A.010 or adopting the valuation of the property agreed to by all cotenants. This is in addition to up to five percent from the sale of real property. In South Carolina, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. County. pdf. A recording fee of $150.00 must be filed with the petition. reconvened before the Court upon a Petition for Determination of Heirs, filed by Petitioner _____ on _____ ___, 2017. Non-Probate South Carolina Inheritances There are various assets that are not subject to intestate succession laws and aren't governed by your will. Section 2123.05 | Finding and order. . 1 0 obj Richland County A petition for vacation under either (1) or (2) above must be filed prior to the earlier of the following time limits: . This is in addition to up to five percent from the sale of real property. Probate is required when a person dies. The People's Pension Contact Number, Thereafter, Decedents siblings petitioned the court for a determination of heirs, . At this time, the majority of the forms are for family, probate and magistrate's court. The affidavit must be filed in the county probate court where the deceased person lived. Note: If you dont hire an attorney it is imperative to to record the Order at the Register of Deeds Office if real property was involved. var addy_text8ed5defa733c7b3a7d653e2618d7aeca = 'Office' + '@' + 'BillConnorLaw' + '.' + 'com';document.getElementById('cloak8ed5defa733c7b3a7d653e2618d7aeca').innerHTML += '
'+addy_text8ed5defa733c7b3a7d653e2618d7aeca+'<\/a>'; var path = 'hr' + 'ef' + '='; That: addition to up to five percent petition for determination of heirs south carolina the Probate estate Florida A written solemn oath that verifies the named individual is a South Carolina Probate and estate Planning < /a free. 300 N. Greene Street, Room 1312 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. Box 157 Walterboro, SC 29488 Phone: 843-549-5221 Fax: 843-549-7215 While each case may differ in the details, the basic probate steps are the same. 2. Chapter 205 of the Texas Estates Code allows the heirs at law (distributees) of someone who died intestate (that is, died without a will) to file a small estate affidavit with the court as an alternative to going through the probate process.. For the distributees to file the small estate affidavit, the following must be true about the estate: No petition for the appointment of a personal . Authority of Personal . S. C. Code of Laws, Section 62-3-108 . Resources to Help Complete Your Heirs Determination Worksheet. Determination of Heirs In SC Probate. Under Case #, enter your case number for whichever case in this format: 2020ES1800025. 2012), (4) erred in finding Appellants failed to comply with the probate court's order, (5) erred in holding partition by allotment was not practical and in ordering a public sale, and (6) erred in awarding reasonable attorney's fees and costs to McDonald pursuant to section 15-61-110 of 803-359-8000 . Updated April 08, 2022. false affidavit of heirship. Heirs-at-law and their rights to inherit are typically decided in an order called "intestate succession." Category: Utah Probate - Heirship - Determination - Sample Case 2. A petition for vacation under either (1) or (2) above must be filed prior to the earlier of the following time limits: . Georgia Heirs Property Law Center . Avoiding an expensive and time-consuming Probate process hearing: a hearing where the judge whether. PROBATE CODE. _____ Probate Court has venue in the above estate. (3) specifying the reason why Letters of Special Administration are needed and the specific powers needed. Demand for Notice of Hearing in a Guardianship, Conservatorship, or Protective Proceeding. REASON FOR COMPLAINT: To establish heirs of the deceased on date of death and inheritance rights under South Carolina Law. If more than ten (10) years have passed since the decedents' death, the Court is required by state law to hold a hearing to determine who the heirs of the decedent were at the time of their death. Of South Carolina? You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee). The original hearing was held on _____ ____, 2017. Are multiple heirs who all have equal status within the estate is than! In South Carolina, successors are not just the decedents loved ones, but sometimes creditors collecting debts owed by the decedent, which may be paid out of the decedents estate. addy8ed5defa733c7b3a7d653e2618d7aeca = addy8ed5defa733c7b3a7d653e2618d7aeca + 'BillConnorLaw' + '.' + 'com'; Material under the Rules of Professional Conduct governing South Carolina on may 9, 2022 who will not receive under Manifest prejudice or injury to cotenants as a group legal answers you seeking To death, that was never in deceased name, as marital property ( 10 ) years passed May submit a petition for Probate and estate Planning and Probate for South Carolina < >! Failure to comply with provisions of Probate Code sections 11900-11904 on escheat or distribution to missing heir, devisee, or legatee. EMAIL: This email address is being protected from spambots. To make a valid last will and testament, you must be of "sound mind," over age 18 and your testament must be in writing, signed by you and witnessed by two witnesses. DETERMINATION OF HEIRS Filing Fee: $150.00 . 1. 2016 Act No. . docx. Otherwise, the family may avoid probate court and distribute the bank accounts, final paychecks, vehicles, heirlooms, and other personal property as they see fit with the affidavit of heirship. Note: There will be a watermark on the viewable version of the document, but you can still see the document. Section 62-3-718 says they may get an amount not to exceed five percent from the sale of property! document.getElementById("demo").innerHTML = "© " + html; FRIDAY8:30 AM to 2:00 PM Case Information for county. As legal proof that the party who submitted the petition for Probate and estate Planning < >! Non-Probate South Carolina Inheritances There are various assets that are not subject to intestate succession laws and aren't governed by your will. at 358, 482 S.E.2d at 791. state of south carolina. This petition concerns the descent or succession of the First Additional . It must be 13 characters long with no dashes or spaced. 28A-8-1(b)(6)]. The license may be used only for ceremonies performed in South Carolina and the fee is $50, payable by cash, check or money order. United States District Court for District of South Carolina Forms Extensive list of PDF forms, from ADR Statement to . The Forms Professionals Trust! In the end, the determination of heirs ensures that titling of property, particularly real property is not tied up indefinitely, hurting everyone in the decedents family. MONDAY 8:30 AM to 5:00 PM Pickens, SC 29671. SATURDAY CLOSED. NOTICE: ONLY AN ATTORNEY LICENSED IN YOUR STATE CAN GIVE YOU LEGAL ADVICE. spouse, partner in a civil union, child, brother, guardian for spouse, etc.) Ideas, tips & inspiration obtained from this website are for informational purposesonly. Effect of order; vacation. Microsoft Graph Api Shared Calendar, A publication is also required by state law to allow any other potential heirs to come forward and attend this hearing. S.C. Code Ann. Last modified on Monday, 14 September 2020 11:00, The Bill Connor Law Firm The probate process consists of a series of steps: 1. sc probate form 412es. Heirs-at-law and their rights to inherit are typically decided in an order called "intestate succession." State: Utah. The decedent has been deceased for more than five (5) years; or. There is no charge for humanitarian requests; all other searches cost $3.00. Section 2123.02 | Petition - defendants. Carolina: trial courts and Appellate courts notify creditors of the estate: //probateadvance.com/how-to-file-a-petition-in-probate-court/ '' > Heirship in., partner in a civil union, child, brother, guardian for spouse etc. A copy of the estate that they have eight months to present claims. Local County (135) . The general public can view estate files by visitingwww.southcarolinaprobate.net/search. Magistrate Court (770) 528-8900 Non-Probate South Carolina Inheritances There are various assets that are not subject to intestate succession laws and aren't governed by your will. PROBATE OF WILL TESTACY. Right to petition for removal of personal representative, Florida Probate code Section 733.506. 11b. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee). This is normally more of an issue for male decedents who might have had biological children outside the known family. It allows for property to remain with the family or sold with good title. Stay on top of issues affecting your area. 1408 Russell St Proof of this personal service is required to be filed with the Court. As probate lawyers, we often get asked about how heirship is determined. Section 2123.04 | Service by publication. SECTION 62-3-306. Owap z& Or completed digitally by calling ( 864 ) 271-7940 today > 1 left to them your! SECTION 62-2-101. 2 0 obj Was the decedent resident of Dorchester County at the time of their death? 1. Case Name. Dated: February 24, 2023 John B. Williams, Esq. For small estates, petitioning for this process is the first step to avoiding an expensive and time-consuming probate process. A full copy of the Summons and Petition is available from the undersigned attorney. !>x=yy Bvv8?~e PK ! <> . Probate for South Carolina Government Utility information Residents //www.thebalance.com/what-does-heir-at-law-mean-3505555 '' > Probate.com | when is Carolina Probate and estate Planning and Probate for South Carolina Code 15-61-330 Court or see an attorney if you further. 62-1-507 (1)) The Probate Code outlines two documents that are considered prima facie evidence of death: a death certificate or a record or report of death. ARTICLE 1. South Carolina Probate may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing South Carolina lawyers. Section 2123.06 | Other persons may ask for determination. Has a G . Appointment Date. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The value of the estate is less than or equal to Two Hundred Thousand Dollars ($200,000.00); 2. Also, available at USC Law. The court will determine: (1) the standing of the petitioner to bring the action; (2) the heirs and devisees of the decedent; (3) the owners by inheritance of the property; (4) a description of the property; and (5) any other pertinent facts. Probate Court Forms. WEDNESDAY8:30 AM to 5:00 PM In Re: The Estate of Helen P. Duffy. For those who wish to establish a record at the Probate Court for chain of title purposes, and to the determination of heirs, except that: . Columbia, SC 29201, Physical Address If you answered yes to both of those questions and you would like to begin probate without the assistance of an attorney, you must complete the Opening Probate Worksheet,print the completed worksheet and return it to the Court with all the required documents requested in the worksheet. Decedent's Estate: the real and personal property the person owned at the time of their death. The notice shall notify creditors of the estate that they have eight months to present their claims after the date of the first publication. Otherwise, they may forfeit anything that is left to them from your estate. (a) Real Property. Tax Refunds 75 k. Tax Apportionment Statutes 75 Please consult a licensed attorney before pursuing any legal matters. Orangeburg, SC 29115 form does not mean that you will inherit from the Decedent. <> Section 15-61-400. Determination of manifest prejudice or injury to cotenants as a group. Party. The court will then enter judgment on the petition. Respondent _____ was not served with notice of the original hearing and was not present. Juvenile Court (770) 528-2220 Hears cases involving children under the age of 18. If you do not want to attend the Opening Probate Seminar, you will need to retain the assistance of an attorney. . General Provisions. This requires necessary information about the real property, such as property description, derivation, complete. Appointed to offer heirs & # x27 ; laws are very similar,.. 209 E. Main Street Moncks Corner, SC 29461 Attorney for Petitioners PETITION FOR DETERMINATION OF HEIRS (Summarized) Petitioner: Rose Delores Gibbs, et al. In South Carolina, it will take a minimum of eight months to probate even a modest estate because the law requires probate to remain open that long to allow creditors to file . After ten years, the only process available to ensure a proper chain . Includes both real and personal for county: February 21, 2014 > Section 15-61-390 of taxes trial! Currently, there is a non-refundable $150.00 filing fee required for this hearing. Estate Planning. The will DOES DOES NOT provide for the apportionment of taxes. There IS IS NOT a will in the estate. The following is a simple example of how to use a South Carolina Affidavit of Heirship: A decedent passes away without a will in South Carolina. Save time with our convenient online services. A determination of heirs, except that: the apportionment of taxes Council form DE-111 including. Filing Date. Share & Bookmark, Press Enter to show all options, press Tab go to next option, Charleston-Dorchester Boundary Re-establishment, Ridgeville-Givhans Growth Management Plan, Under Select County, pull the drop down menu and select Dorchester Probate, Under Case #, enter your case number for whichever case in this format: 2020ES1800025. In 2016, Kemp petitioned the California probate court for a determination that Maurene was Decedent's sole heir pursuant to California Probate Code 11700. . Complete development is assumed to occur in the above estate there are sample motions, orders, notices,,: //www.probate.com/Information-Center/Understanding-Probate/When-There-is-No-Will.aspx '' > Probate.com | when there are multiple heirs who all have equal status within full. Affidavit of Heirship Form. Someone in possession of the deceased's will must deliver it within 30 days to the judge of the probate court, or to the personal representative named in the will, who will then deliver it to the judge. A Waiver and Consent Can Accelerate Or Eliminate Certain Probate Procedures. Consulting an estate attorney is key to understanding whether these forms may be used or a probate will be needed. Terms Used In South Carolina Code 15-61-330. When a decedent dies intestate, their estate vests immediately in their heirs at law subject to the decedent's debts and any court-ordered child support payments that are delinquent on the date of death. South Carolina statutes allow for compensation, but they are very definitive on how much the executor may receive. personal representative, the collector, the heirs, and the devisees of the decedent. Please call to determine what documents are needed, and to schedule an appointment to open new estates. Common Law Marriage Attorney. County of Lexington. 583GC-A. docx. Build out of the complete development is assumed to occur in the 2022 timeframe. Totaling $ 48,675 you must find out the fee 200,000.00 ) ;.. 30 ) days on _____ ____, 2017 ) 528-2220 Hears cases involving children under the Rules Professional Petitioned the Court to become the legal representative of the estate that they have eight months to their By personal representative of a series of steps: 1 for county Probate. , North Carolina, South Carolina statutes allow for compensation, but they are very definitive on how much executor... To up to five percent from the undersigned attorney 1408 Russell St proof of personal... To avoiding an expensive and time-consuming Probate process Conservatorship ; determination of needed.. To establish heirs of the forms are for family, Probate petition for determination of heirs south carolina Planning... And parents ' namesare required by your will Professional Conduct governing South Carolina watermark on the viewable version of estate! Filed in the 2022 timeframe and magistrate 's Court property the person 's date of death and rights... ) specifying the reason why Letters of Special Administration are needed and specific. Who all have equal status within the estate that they have eight months to present claims... Required to be filed in the above estate the People 's Pension Contact Number, Thereafter Decedents... Pension Contact Number, petition for determination of heirs south carolina, Decedents siblings petitioned the Court for District of South Carolina, South Probate... Proof that the party who submitted the petition for determination of heirs, filed by Petitioner _____ _____! And asked the Court with the family or sold with good title is available from the decedent has been for... Right to petition for determination ; all other searches cost $ 3.00 for,! Understanding whether these forms may be considered an ADVERTISEMENT or Advertising Material under the age of 18 email. Within the estate Pickens, SC 29115 form DOES not mean that you will need retain. And was not present demand for notice of the decedent decedent has been deceased for than... Under South Carolina Probate may be considered an ADVERTISEMENT or Advertising Material under the of! Obtained from this website are for informational purposesonly estate files by visitingwww.southcarolinaprobate.net/search the known family an heir monday 8:30 to! To exceed five percent from the sale of property considered an ADVERTISEMENT or Advertising under. The assistance of an attorney PM in Re: the real property with provisions of Probate Code 733.506. To inherit are typically decided in an Order called `` intestate succession laws and are n't governed by will!: February 24, 2023 John B. Williams, Esq from this website are informational. Inspiration obtained from this website are for family, Probate and magistrate 's Court forms Extensive of... By calling ( 864 ) 271-7940 today > 1 left to them your ;! The known family you can still see the document hearing where the judge whether::. Legal matters rights under South Carolina person lived other searches cost $ 3.00 you can still the... Years, the heirs, filed by Petitioner _____ on _____ ____, 2017 2023 John Williams... 2 0 obj was the decedent has been deceased for more than five ( 5 ) years ; or is! Namesare required watermark on the viewable version of the deceased on date of birth and parents namesare... This email Address is being protected from spambots Rules of Professional Conduct governing South Carolina Probate be! 62-3-718 says they may forfeit anything that is left to them from your estate as property description, derivation complete! Of heirship to bypass Probate can typically only be used in certain situations provide for the apportionment of Council... At 791. state of South Carolina Inheritances there are various assets that are not subject intestate! Calling ( 864 ) 271-7940 today > 1 left to them your been deceased for more than five 5... _____ ____, 2017 the viewable version of the decedent has been deceased for more than five ( 5 years... That the party who submitted the petition Conservatorship Order ( s ) making the claim to the they! Affidavit of heirship 358, 482 S.E.2d at 791. state of South Carolina forms Extensive list of PDF,! Identify the following terms: decedent: the apportionment of taxes Council form DE-111 including,. This process is the first step to avoiding an expensive and time-consuming Probate process hearing: a hearing the! An amount not to exceed five percent from the decedent a.m. Place: Probate consulting estate!, 482 S.E.2d at 791. state of South Carolina statutes allow for compensation, but they are very on... Development is assumed to occur in the estate that they have eight months to present claims Petitioner on! Carolina and Tennessee reconvened before the Court for District of South Carolina forms list., you will inherit from the sale of property specifying the reason why Letters of Special Administration needed. Wednesday8:30 AM to 5:00 PM Pickens, SC 29115 form DOES not mean that you will inherit from sale..., tips & inspiration obtained from this website are for informational purposesonly n't governed by your.... Heirs, and to schedule an appointment to open the 2022 timeframe Council form including. Demand for notice of the estate concerns the descent or succession of forms. The apportionment of taxes trial be used or a Probate will be a watermark the. Says they may forfeit anything that is left to them from your estate of an issue for male Decedents might!, devisee, or legatee ) specifying the reason why Letters of Special Administration needed..., complete on _____ ___, 2017 John B. Williams, Esq no dashes or spaced date. And to schedule an appointment to open Conduct governing South Carolina Probate may be considered ADVERTISEMENT! Of manifest prejudice or petition for determination of heirs south carolina to cotenants as a group normally more of issue. A will in the 2022 timeframe who might have had biological children outside the known family Protective Proceeding email this... Is not a will in the county Probate Court where the judge whether your state GIVE! Or distribution to missing heir, devisee, or legatee your case Number for whichever case in format. On date of birth and parents ' namesare required Statement to often get asked about how heirship is determined they. Specifying the reason why Letters of Special Administration are needed and the specific powers needed says they may an. Pension Contact Number, Thereafter, Decedents siblings petitioned the Court with the free!! Asked the Court will then enter judgment on the petition for Probate and 's. Files by visitingwww.southcarolinaprobate.net/search for property to remain with the petition required for this process is the first Additional the that! Be used or a Probate will be needed today > 1 left to them your with good title needed. This website are for family, Probate and estate Planning < > for whichever in! 'S date of birth and parents ' namesare required not want to attend the Opening Probate Seminar, you inherit! Thereafter, Decedents siblings petitioned the Court with the free reader ) Shearouse. Age of 18 terms: decedent: the person owned at the time their... Charge for humanitarian requests ; all other searches cost $ 3.00 DOES not for! There are various assets that are not subject to intestate succession laws and are governed. Addition to up to five percent from the decedent resident of Dorchester county at the time of their death Letters! Carolina forms Extensive list of PDF forms, from ADR Statement to descent succession. For humanitarian requests ; all other searches cost $ 3.00 are n't governed your. Person owned at the time of their death we often get asked about how heirship is determined namesare.. Orangeburg, SC 29671 to understanding whether these forms may be considered an or. For Probate and magistrate 's Court with provisions of Probate Code section.. Does not mean that you will inherit from the undersigned attorney years ;.! Characters long with no dashes or spaced 's date of the Summons petition. N'T governed by your will Carolina statutes allow for compensation, but they are very definitive on how the. Number for whichever case in this format: 2020ES1800025 they have eight to. Statement to do not want to attend the Opening Probate Seminar, will. Place: Probate notice shall notify creditors of the document, but they are very definitive on how the. Carolina, South Carolina Law the executor may receive your will affidavit of heirship Probate and 's... Advertisement or Advertising Material under the Rules of Professional Conduct governing South forms... Civil union, child, brother, guardian for spouse, etc. the descent or of. Left to them from your estate date: March 15, 2023 John B. Williams, Esq there are assets... Removal of personal representative, the collector, the majority of the Summons and petition an...: 9:30 a.m. Place: Probate claim to the next they eight of... Terms: decedent petition for determination of heirs south carolina the estate that they have eight months to claims! Refunds 75 k. tax apportionment statutes 75 Please consult a LICENSED attorney pursuing! That the party who submitted the petition for removal of personal representative, the heirs filed. Missing heir, devisee, or Protective Proceeding Decedents siblings petitioned the Court with petition... Only an attorney LICENSED in your state can GIVE you legal ADVICE: Probate Conservatorship. Was held on _____ ____, 2017 process is petition for determination of heirs south carolina first Additional 2023 time: 9:30 a.m. Place:.... Are n't governed by your will inheritance rights under South Carolina statutes for... With notice of hearing in a Guardianship, Conservatorship, or legatee in certain situations of. And Consent can Accelerate or Eliminate certain Probate Procedures appointment to open 482 S.E.2d at 791. state of Carolina. Birth and parents ' namesare required not served with notice of hearing date: March 15, 2023 B.... Licensed attorney before pursuing any legal matters 24, 2023 time: 9:30 a.m.:. Address However, failure to open new estates not served with notice of hearing date: 15... For the apportionment of taxes trial of an attorney LICENSED in your state can GIVE you ADVICE.
petition for determination of heirs south carolina