Probate

Probate is how the Court recognizes the property transfers from a deceased person to the proper heirs or beneficiaries. Heirs or beneficiaries are those who are spouses, children, family members, friends, or other parties who may be designated to receive distributions upon a person’s passing. Generally, the probate process consists of determining heirs, inventorying and managing probate assets, resolving creditors’ claims and disputes, and ultimately distributing estate property or funds appropriately. The process can be paperwork intensive and difficult to navigate on your own, which is why it’s so crucial to hire a qualified law firm in Charleston SC to help.

The probate process can be very time consuming, even with the assistance of a qualified lawyer in Daniel Island SC or lawyer in Charleston SC. Each estate is different and the types of assets and value of assets can affect the amount of time it takes to properly close an estate. In South Carolina, there is a creditor’s period that requires most estates to remain open for at least eight (8) months. However, very small estates that involve smaller amounts of money and/or assets can be probated quickly. Disputes among heirs can also significantly delay proceedings. Hiring an experienced probate and estate attorney in SC is key to ensuring that the probate process moves efficiently.

Although there is no requirement that a personal representative hire a lawyer, it is strongly encouraged. The Court cannot give you legal advice as to decisions regarding how to handle debts and whether to pay those estate debts or how to resolve conflicts amongst heirs. As the personal representative, you owe fiduciary duties to the other family members or persons who are to inherit portions of the estate. Breaching those fiduciary duties by making mistakes can expose you to personal liability. A probate and estate attorney can help to ensure that assets are distributed quickly and properly so that your liability is minimized. Under certain circumstances, probate and estate attorneys in Charleston SC or elsewhere may agree to take their fee out of the estate so that you are not required to pay an upfront retainer out of your own pocket for legal services.

In South Carolina, the estate should be probated in the County where the deceased person permanently resided at the time of death. The Probate Court will have jurisdiction over all of the personal property of the estate such as vehicles, boats, jewelry, firearms, etc. In cases where a person owned real property located in another state, an ancillary estate may need to be opened in the state where the real property is located.

Some assets are considered “non-probate” assets. Examples of non-probate assets include property that has a designated beneficiary, such as a life insurance policy or retirement account. Sometimes real property can be considered a non-probate asset depending on how the property is titled. An experienced probate and estate attorney in Daniels Island SC or Charleston SC can assist a personal representative in determining what assets must be listed as a part of the Estate’s inventory and appraisal.