Probate: Probate in South Carolina

One of the most common questions asked of an estate planning attorney is, "What exactly is Probate?". Probate is the formal process of transferring ones assets from a deceased person to those directed to receive them. South Carolina's a specific process for probating estates.  

Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the intended beneficiaries. The laws of each state vary, so it is a good idea to consult an attorney to determine whether a probate proceeding is necessary, whether the fiduciary must be bonded (a requirement that is often waived in the will) and what reports must be prepared

Probate: How to Avoid Probate

Why would you want to avoid probate? Probate is a court supervised process for transferring a decedent's assets to beneficiaries entitled to receive them. Reasons to avoid probate include, saving time and money, minimize hassle and delays, and protecting privacy.

Probate: Will Contests

A Will contest usually occurs when heirs are surprised by what a Will says. When an heir is surprised about the contents of a Will, they have the legal right to contest the validity of the will. 


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The Elder Law & Estate Planning Center (located in Bluffton , South Carolina) is a full service South Carolina Estate Planning Law Firm. Elder Law & Estate Planning focuses on fundamental estate planning, Elder Law, Veterans benefits, wills & trust planning, powers of attorney, Medicaid application & qualification, long-term care planning, probate & estate administration, Medicaid crisis planning, special needs & disability planning, Aid & Attendance qualification, charitable planning, estate tax planning, and asset protection. Elder Law & Estate Planning services families and individuals throughout Bluffton, Beaufort, Hilton Head, and Hardeeville, SC