FORMS AND MATERIALS
Attached at the bottom of this page are samples of legal filings that occur in a lawsuit about Preserving Heirs Property or a Quiet Title and Partition action.
Preserving Heirs Property
Introduction
Heirs’ property is property that is passed to family members by inheritance. Usually there is no will or estate planning strategy. If there is no will, property passes to your intestate heirs. Dying “intestate,” means without a will giving property to your spouse, children, or others that you want the property to go to. Even if the person who died had a will, they may still create heirs’ property by leaving the property to multiple heirs in their will.
Litigation Flowchart for Contested Heirs’ Property Partition in S.C.
If all owners of the property cannot come to an agreement on how to share or divide the property, partition under the S.C. Clementa C. Pinckney Uniform Heirs' Property Act is the next step to resolve the title. Some owners want to sell the property and divide the money. Some owners want to partition the property in kind or by allotment. This flowchart created by S.C. Legal Services takes you step by step through the complicated statutory process by which the court can address the rights of all owners, regardless of their goal.
Partition Under S.C.'s Clementa C. Pinckney Uniform Partition of Heirs' Property Act
In one of our weekly Level-Up Law episodes we outlined the legal process of dividing up land when you are unable to come to an agreement with all heirs involved.
Are You Prepared: Heir's Property and Probate
This video discusses the options one has to proactively distribute their property to avoid possible partitions and disputes.
