Probate Attorney in Charleston, SC

What to Expect From the Probate Process

Probate is the official process by which the court oversees the administration of your loved one’s estate and distributes their assets. When a family member passes away, the legal requirements of probate can feel overwhelming, especially while you are grieving. Having an experienced probate attorney in Charleston, SC can make the process far less stressful. We guide families through each step, from filing the necessary documents with the court to ensuring assets are distributed according to the will or state law.

Probate attorney in Charleston, SC working with clients

4 Things to Know About Probate in South Carolina:

If you don’t have a properly funded trust, Probate is required, even if your loved one has a Will.

If your loved one died without a will or you cannot locate their will, state laws will determine how their assets get divided. These laws are called “intestacy” laws.

Probate can take a long time.

Generally, the probate process takes at least one year. Notices must be sent to newspapers. Creditors of the estate have eight months to make a claim once the probate case is opened. Beneficiaries are the last to inherit what remains of the estate.

Probate is public.

Anyone can go to court and request to see your loved one’s file. Anyone – including estranged family members – can examine all your loved one’s assets and their wishes. Anyone can challenge or contest the estate in court.

Probate can be stressful during an emotional time.

There are official court forms to complete on a specific timeline. Assets must be documented and verified before accounts can be accessed. All of this must be handled early on while you’re grieving the death of a loved one.

Trusted Probate Guidance in Charleston

We are here to help you during this difficult time. Our attorneys and staff have the experience to guide you through the probate process and ensure a smooth transition. If you are searching for a trusted probate attorney in Charleston, SC, we are ready to support you with knowledge and compassion.

Hear From Our Clients

Pete

"Casey and her team made the process of legacy planning seamless. Casey walked us through the details of this legal process and broke it down into easy to understand steps. Casey cares about her clients and it shows in all of her interactions. Thank you Casey for your services!"

Pete

Josh

"At the end of the process, we feel comfortable that our children will be taken care of if something happens to us. I'm glad we chose Casey and Dave -- they're great, I highly recommend them, and now we have one less thing to worry about."

Josh

Sue

"Estate planning is never an easy topic of conversation to have but Casey was able to guide us through. She has a very simple and carefully thought out plan to make sure our loved ones are taken care of. She brought up things we had never contemplated and was very professional every step of the way. We’d recommend Casey for anyone that needs to get started on this very important part of parenting."

Sue

Ali

"Honestly, a really terrific experience with Schwartz Legacy. I feel like I walked away with 2 friends that have my back. They go above and beyond! The whole process was easy, it wasn’t confusing, and they do a legacy interview at the end (which is pretty unheard of amongst other ppl I know that have a trust… it’s a a top notch idea that I really appreciated). Would recommend Schwartz to anyone and everyone."

Ali