Probate in South Carolina is a court supervised process that is used to wind up a person’s legal and financial affairs after death. A South Carolina probate attorney is usually hired by the Personal Representative to oversee the process. An estate must be administered to ensure that a deceased person’s creditors are paid, all rights of the beneficiaries and heirs are protected, and the estate assets are protected, managed, and fairly distributed.

Probate can take anywhere from 6 months to many years (and sometimes shorter or longer), and can get very complicated. Whether a person dies with or without a Last Will, a probate will likely be necessary if the decedent owned assets over a certain amount, or if they owned assets only in their own name. In some situations, an abbreviated small estate procedure can be used.

Trusts also need to be administered after a person dies, although court supervision is not typically necessary unless specifically requested. The trust administration process can also be a much shorter process than the probate process.

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We can help guide you through the complex process of estate and trust administration. Call the Miller Law Firm, P.A. today at (864) 527-0413.