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Taken from the South Carolina Probate Law SECTION 62-3-719.
Compensation of personal representative.
(a) Unless otherwise approved by the court for extraordinary services, a personal representative shall receive for his care in the execution of his duties a sum from the probate estate funds not to exceed five percent of the appraised value of the personal property of the probate estate plus the sales proceeds of real property of the probate estate received on sales directed or authorized by will or by proper court order, except upon sales to the personal representative as purchaser.
The minimum commission payable is fifty dollars, regardless of the value of the personal property of the estate.
(b) Additionally, a personal representative may receive not more than five percent of the income earned by the probate estate in which he acts as fiduciary. No such additional commission is payable by an estate if the probate judge determines that a personal representative has acted unreasonably in the accomplishment of the assigned duties, or that unreasonable delay has been encountered.
(c) The provisions of this section do not apply in a case where there is a contract providing for the compensation to be paid for such services, or where the will otherwise directs, or where the personal representative qualified to act before June 28, 1984.
(d) A personal representative also may renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.
(e) If more than one personal representative is serving an estate, the court in its discretion shall apportion the compensation among the personal representatives, but the total compensation for all personal representatives of an estate must not exceed the maximum compensation allowable under subsections (a) and (b) for an estate with a sole personal representative.
(f) For purposes of this section, "probate estate" means the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy. This subsection is intended to be declaratory of the law and governs the compensation of personal representatives currently serving and personal representatives serving at a later time.
What else can I help you with?
How long does a misdemener marijuana charge stay on your record in South Carolina?
In South Carolina, a misdemeanor marijuana charge stays on your record for life. However, there is an opportunity to request an expungement, provided the individual has no other criminal record.
Can you charge sales tax on labor in South Carolina?
In South Carolina, sales tax is not typically charged on labor services if they are provided separately from the sale of tangible personal property. However, if the labor is directly related to a taxable sale, then it may be subject to sales tax. It is recommended to consult the South Carolina Department of Revenue or a tax professional for specific guidance on your situation.
Is a spouse next of kin in SC?
Yes, a spouse is considered next of kin in South Carolina. They have legal rights to make medical decisions and manage the estate of their deceased spouse.
How long after a Probate judge signs off on a probate estate can heirs to the estate contest it or bring it to superior court in Charleston South Carolina?
In South Carolina, heirs typically have eight months after the judge signs off on a probate estate to contest it or bring it to the superior court. This is in accordance with the state's probate laws, and it is crucial for heirs to act within this timeframe if they wish to challenge the probate process.
Does South Carolina charge sales tax om labor?
Yes, South Carolina charges sales tax on labor services that are considered taxable, such as certain types of repairs, installations, or construction services. However, some labor services may be exempt from sales tax, depending on the specific circumstances. It's recommended to consult with the South Carolina Department of Revenue or a tax professional for guidance tailored to your situation.
Can an Executor of a will collect money from the sale of the deceased's home in South Carolina?
Yes, that is one of the primary functions of the executor, to liquidate indivisible assets so that the proceeds from the estate can be distributed to the heirs.
What is the executor fee for probate in South Carolina?
1p
How much can you charge for executor fee in South Dakota?
In South Dakota, the executor fee is typically based on a percentage of the estate's value, often around 2% to 5%. However, the exact amount can vary depending on the complexity of the estate and any specific provisions outlined in the will. Executors may also charge for additional services provided, such as managing assets or handling tax matters. It's advisable to consult state laws or a legal professional for precise guidelines.
Are real estate raffles legal in South Carolina?
No.
Who is in charge of South Carolina?
A Governor is in charge of the State in which the person was elected.
What fee can an executor of an estate in charge in Utah?
From LegalZoom.com Uniform Probate Code States Some states have adopted the Uniform Probate Code, including the section on how to compensate the executor of a will. In these states, no specific amount or fee is set by law. Instead, the probate code gives the probate court the discretion to determine what percentage to pay the executor, as long as that amount is "reasonable." The burden is placed on the executor to demonstrate that the monetary percentage she wants is reasonable and will not unduly deprive any of the estate's beneficiaries. As of 2011, the states that had adopted the Uniform Probate Code were Alaska, Arizona, Colorado, Hawaii, Idaho, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, North Dakota, Pennsylvania, South Carolina, South Dakota, Utah and Wisconsin.
Does South Carolina have a statute of limitations on traffic tickets?
South Carolina has no statute of limitations on traffic tickets. The ticket itself is notice of the charge.
Can you own a long gun in south Carolina with a with a drug charge?
Hope not
Is simple possession a felony in South Carolina?
In South Carolina, the third simple possession charge becomes a felony. The first and second charges are misdemeanors.
What is the punishment for a simple assault charge in South Carolina?
up to 30 days
How long does a misdemener marijuana charge stay on your record in South Carolina?
In South Carolina, a misdemeanor marijuana charge stays on your record for life. However, there is an opportunity to request an expungement, provided the individual has no other criminal record.
How do you remove an executor of an estate in South Dakota?
Although it is not an easy process if you have serious complaints regarding the executor of an estate you should state your reasons clearly in a motion to the court and ask to have the executor removed. If you're successful the court will appoint a new executor. Remember that there must exist a serious reason for the removal, family disagreement will not rise to the level required for removal. You may need to retain an attorney to represent you. You can read more about it at the link provided below.
