Guiding You Through South Carolina Probate

There are few decisions more significant than choosing a personal representative for your estate. If you have been named someone's personal representative, you should view it as both an honor and an important responsibility.

Are you involved in a probate matter? Do you have an estate to open after the death of a loved one? Call the law firm of Aaron & Aaron in Clemson for representation of estates, personal representatives and heirs. We will effectively navigate the probate process and ensure a smooth and successful administration. You can turn to our law firm for trustworthy and efficient guidance regarding:

Do I Need To Go Through Probate After The Death Of A Loved One?

In South Carolina, you need a lawyer's help to transfer any real estate that is a part of the estate, even if you only need to transfer the deed. If the deceased person owned no real estate and the estate is not large, you may be able to handle probate on your own. However, it's always good to seek a lawyer's advice to ensure you are doing everything you should be doing after the death of a family member.

You can transfer many types of assets to beneficiaries without going through the probate court, including life insurance policies, 401(k) and IRA accounts, and assets held in a trust.

What Happens During The Probate Process?

Probate is the legal process of settling a person's estate after he or she dies. Steps of probate include:

  • Inventorying and marshalling of all the assets in the estate
  • Determining if there is a valid will
  • Publishing a notice to creditors and paying any legitimate debts
  • Paying taxes
  • Distributing the assets of the estate to the beneficiaries who are entailed to receive them

The person responsible for carrying out these duties is the personal representative (also known as an executor or administrator). We guide administrators through the process, using our experience to protect the estate from creditors and minimize taxes. For example, when minors receive survivor benefits, we can structure the payouts to minimize fees and taxes.

We Can Help Streamline The Probate Process

The probate process usually takes about a year, but there are ways to shorten the process. For example, it may not be necessary to publish a notice for creditors, which can take up to nine months. If you have a buyer for real estate, it may be possible to sell the property before you complete probate. Whether you sell the property before or after probate, we can assist with selling the property and converting it to cash. In some situations, the decedent lived out of state but owned property in South Carolina. Our attorneys are prepared to advise and assist in such situations after the death of your loved one.

For More Information About South Carolina Probate

To schedule a free phone consultation, call our Clemson probate lawyers at 864-501-9579 or complete our contact form today.