South Carolina Attorneys Effectively Handle Probate Proceedings

Orangeburg lawyers guide clients through the legal process

Probate refers to the process of proving and effectuating a will after the decedent has passed on. A court validates the will and appoints an executor to carry out its provisions. While some probates go smoothly, not all proponents of wills are so fortunate. When a probate goes awry, family members may end up with competing claims and, in some cases, other individuals can challenge the will. At the Orangeburg estate planning law firm of Horger, Barnwell & McCurry, L.L.P, we help clients navigate the South Carolina probate process. Our attorneys have the knowledge and familiarity with the probate process to obtain optimal results through effective conclusion of the probate process.

Thorough probate attorneys guide loved ones through what is often a complex and difficult time

Our wills and estate lawyers help clients prepare for probate and confidently guide them through the process, which includes the following steps:

• Filing a will — After a loved one passes on, their will must be presented to the probate court in the county where the decedent resided. Our experienced attorneys know the local court system and the procedures for wills in the appropriate court.
• Locating beneficiaries — Notice of the probate must be given to all beneficiaries in the will and to all potential heirs of the deceased, even those not named.
• Taking inventory of the estate assets — Our lawyers work closely with clients to ensure all assets of the deceased are accounted for and properly transferred into the estate.
• Valuing the assets — All non-cash property of the estate must be assigned a value, which may require independent appraisals, particularly for large assets.
• Determining the type of probate required — South Carolina law has a simplified probate procedure for estates containing less than $25,000 in assets. Depending on the type of assets involved, probate may not be necessary at all.
• Paying estate debts and taxes — The deceased’s outstanding debts and income taxes must be paid out of the estate property. This includes filing tax returns on the estate’s behalf.
• Distributing the property — The executor’s final task is to pay out the estate’s remaining assets to the designated beneficiaries, including any trusts created or designated in the will.

Regardless of an estate’s size, or the complex issues probate may present, our team of experienced attorneys can answer your questions and guide you through the process.   We also assist in estate planning matters including preparation of Wills and Powers of Attorney.

Contact an experienced South Carolina probate attorney

At the Orangeburg firm of Horger, Barnwell & McCurry, L.L.P., our dedicated attorneys understand South Carolina laws governing probate of wills and effectively advise clients throughout the process. To schedule a free consultation, call (803) 531-3000 or contact us online.