Probate

What Is Probate? What Factors Set The Stage For Probate To Happen In South Carolina?

Probate is a process that is followed when someone dies in their assets and debts need to be divided between the heirs. If you die South Carolina without any assets the more likely than not a probate will not be needed for your estate. However, if you die with assets and then you may need to probate your estate in order to make sure that your will, if any, is followed or that your heirs you do not have a will or properly notified of your death and receive what they’re supposed to from your estate.

What Assets Are Subject To Probate?

All assets of both real property personal property and money are subject to probate under most circumstances. However, certain steps can be taken prior to death in order to make sure that probate can be avoided in South Carolina. There are many cheap and free steps that can be taken that will get someone around probate partially or to avoid probate altogether

Is An Attorney Required For Probating An Estate In South Carolina? What Complications Can Be Avoided In The South Carolina Probate Process By Hiring A Qualified Estate Planning Attorney?

An attorney is not required to probate an estate in South Carolina. However, the people working for probate court cannot give any legal advice and therefore you may be forced to hire an attorney. An attorney who works does probate law on a daily basis knows how to handle and estate appropriately and more quickly than someone who does not is not a lawyer. Also, without a lawyer it may take a while for you as an individual to get an appointment with probate court to start the probate process. Because a lawyer knows how to begin the process of probate himself herself then the process can be started much quicker with a lawyer than without. For more information on Probate Process In South Carolina, an initial consultation is your next best step.