Upstate Estate Law, P.C. Blog

Testate means that a Decedent has died leaving a Last Will and Testament to be admitted to probate.

A Decedent is someone who has died.

Administration is a judicial proceeding similar to a probate proceeding.  The major difference is that an Administration is undertaken when the Decedent did not execute a Last Will and Testament.  If there is an estate to administer, an interested party can petition the court to be appointed as Personal Representative (Administrator) for the estate.  This is done by filing a Petition with the Probate Court.  After the appointment of Administrator is made, the estate’s affairs can be wound up.

Probate is a judicial proceeding by which a testamentary document is proven to be a Last Will and Testament. It is begun in South Carolina by filing a Petition with the Probate Court. Once it is established to the satisfaction of the Probate Judge that there is no issue of improper execution or attestation, testamentary capacity, fraud, or undue influence, the document will be “admitted to probate” and given effect as a Last Will and Testament. A Decree is signed and entered so stating, and an Personal Representative (Executor) is appointed to administer the estate.

To follow up the definition of per stirpes, our next term is by representation. Again, this term is used to tell us attorneys how the children of a deceased named beneficiary should take their inheritance. Again, a numerical example is the best explanation.

Back to our previous hypothetical:Click here to finish this post.