Probate in SC: Planning Ahead Avoids Many Issues

Probate is the process of administering a deceased person's estate.  This process involves validating and effectuating a will, if one exists, appointing a personal representative or executor, identifying and valuing assets, paying debts and taxes, and distributing the remaining assets to heirs or devisees . 

Rochester Law LLC will guide you through this process.  If someone dies in South Carolina without a will, or without a valid will, that person dies "intestate."   The persons entitled to receive assets are determined by law, rather than the wishes of the deceased.

The timeline varies with the complexity of the estate.  A simple estate can take between eight months to a year to complete.  A complex estate, especially if disputes arise, can take years to resolve.  Rochester Law LLC can guide you through the process and help alleviate many of the burdens of probating an estate.

South Carolina does not require a personal representative to hire an attorney, but it is recommended especially for estates involving:

- Disputes among heirs or devisees

- Business Interests

- Out of State Property

- Tax Issues

- Real Estate

There are many tools to help you before probate begins such as executing a valid will, establishing trusts, creating durable powers of attorney, having a living will, setting up guardianships or conservatorships, and other estate planning strategies.  Proper planning can help avoid issues down the road.  Rochester Law LLC can help you decide what estate planning mechanisms are right for your situation and goals.  In certain situations, with proper planning you might be able to avoid probate proceedings for your loved ones after your passing.

Call, text or email us today to set up a consultation to discuss your goals and needs for your future estate.  If you have recently lost a loved one and need probate guidance for their estate, we are here to help as well.