Probate

The passing of someone close to you is a difficult and emotionally draining time.  There are many things that must be done with your loved one’s estate; by working with qualified legal counsel, you can settle your loved one’s affairs quickly, efficiently, and economically.

WHAT IS PROBATE?

Probate begins immediately after death and is the legal process through which the final debts and taxes of a deceased person are paid, and through which that person’s remaining property is inventoried and distributed.

If the deceased person had a Will, then the probate process involves verifying that the Will is valid, officially appointing the executor (otherwise known as the personal representative of the estate) and providing a framework for the executor to inventory the assets of the deceased, notify heirs and creditors of the estate, pay valid claims and taxes made against the estate, and distribute the remaining assets to the beneficiaries as provided by the Will.

If the deceased had no estate plan at all, referred to as dying intestate, then the probate process is slightly different.  An administrator is chosen for the estate, and the administrator makes an inventory the assets of the estate, pays the claims made against the estate, and distribute the remaining assets to the beneficiaries as provided by South Carolina law.

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