Probate is the legal process for determining how a person's property and debts are handled after death. And probate law determines the process for collecting and managing the property of a deceased person (decedent), paying the deceased person's debts, and distributing any remaining property (generally, personal property or real property) to its rightful owners.

Probate is generally necessary when the decedent owned personal property and real property at the time of death, and the next rightful owners of the property (heirs) need to be identified and documented so possession and ownership of the property can be transferred in a legally defensible way. Probate is also generally necessary when the decedent had outstanding debts at the time of death.

The law generally distinguishes between probate assets and nonprobate assets. Probate assets are property that passes to the next owner at the decedent's death through a will. Because a will was historically known as a testament, these probate assets are sometimes called testamentary assets. And nonprobate assets (nontestamentary assets) are those assets that are not disposed of by will or by the laws that determine the transfer of property when a person dies without a will (intestate succession laws). Nonprobate assets are said to pass outside the probate estate.

Common examples of nonprobate assets are:

• property that passes by virtue of a contract with a designated beneficiary—such as life insurance policy proceeds and retirement plans (e.g., 401k, IRA);

• property that passes by right of survivorship, such as joint checking and savings accounts, certificates of deposit, and POD (payable on death) accounts;

• government benefits that are paid after the decedent's death, such as Social Security survivor benefits, Veterans benefits (survivors' pension or death pension), and U.S. Civil Service death benefits for a surviving spouse and children; and

• property in an inter vivos trust whose distribution is determined by the trustee after the decedent's death.

Thus, if the decedent died with only nonprobate assets—and with no outstanding debts—probate procedures are generally not necessary to administer the decedent's estate. But if the decedent died with only probate assets and some debts, it may be advisable for the estate to use the probate process to pay any debts due and protect the beneficiaries against claims of debt that are not due.

In South Carolina, probate is the court-supervised process of administering a deceased person's estate. This includes validating the will (if one exists), taking inventory of the estate's assets, paying off debts and taxes, and distributing the remaining assets to the rightful heirs or beneficiaries. Probate assets are those that the deceased owned solely in their name, such as real estate, personal property, and bank accounts without designated beneficiaries. These assets typically pass through the will or, if there is no will, according to South Carolina's intestate succession laws. Nonprobate assets, on the other hand, bypass the probate process and transfer directly to beneficiaries. These include assets with named beneficiaries like life insurance policies, retirement accounts, and assets held in joint tenancy or in a trust. Probate may not be necessary if the deceased person's estate consists solely of nonprobate assets and there are no outstanding debts. South Carolina also offers simplified probate procedures for small estates that meet certain criteria, which can expedite the process and reduce costs.