Probate

Probate

Probate is the legal process by which the Probate Court administers your estate after you pass away. Probating an estate in South Carolina typically lasts 8 months to a year.

Personal Representaive

During probate, the Personal Representative you have designated in your Will or, if you have no Will, has been chosen by the Probate Court is responsible for:

• Communicating with the court
• Accounting and collecting your assets
• Inventorying and appraising those assets
• Approving/Denying/Negotiating creditor claims against your estate
• Selling real estate and business interests
• Filing claims for death benefits from life insurance, IRAs, or annuities that may be payable to the estate.
• Distributing assets to the individuals designated in your Will or who have a right to your estate under South Carolina Law
• And ensuring the deceased’s last tax return is filed, along with filing a tax return for the estate if one is necessary.

With these being only some of the responsibilities of a Personal Representative, many turn to law firms such as ours to represent them and assist them with navigating this timely and often exhaustive process. It is also possible for an attorney to serve as your Personal Representative when it is necessary for an independent third party to enforce your final wishes.