Probate Administration Attorney
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Probate Administration Attorney In South Carolina
Contact Us Today With Any Questions For Crystal
1-843-388-0488 or crystalghlowery@gmail.com. Or click here for Directions.
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Probate is what happens when someone dies without a will.
Each state has their own laws concerning estates where a person dies without a will. The term for dying without a will is Intestate. The laws that govern this area are referred to as Intestacy Law. Individuals have to decide for themselves whether the state’s prerogative suits their needs. Again this is hard to do if you do not the state’s laws. In South Carolina these laws are fairly straight forward. And while an legal assistance is not required to complete the probate process, our probate attorney can help you navigate the process in a thoughtful and efficient manner.
In South Carolina if an individual dies without a will, the South Carolina Code provides who’ll inherit their property. Essentially the state writes a will for you. In general, the statute provides as follows:
- If an individual is married and has no children, all to spouse
- If an individual is married with children, one-half to spouse and one-half to his children equally.
- If an individual is not married and has children, all to children equally.
- If an individual is not married and has no children, all to his parents if living, and if not living to his brothers and sisters equally with the issue of a deceased sibling taking the share their parent would have take.
- If the individual has no wife, children, parents or siblings, the statute continues on to define the next of kin who will inherit.
What is the probate administration process?
The term probate comes from the Latin word meaning “to prove”. Probate is the process by which the desires of a decedent is acknowledged. Our Probate Administration Attorney can help you navigate the probate process. The assets of the decedent’s estate are inventoried and accounted for, the lawful, collectible debts and taxes of the decedent are identified and paid; and the remaining assets of the estate are distributed to the beneficiaries in accordance with the decedent’s will. In South Carolina, the probate process can take as few as eight months or as long as several years if complications arise. However, for the vast majority of decedent’s estates the probate process lasts one year or less.
The first step in the South Carolina probate administration process is proving the will’s validity or that none exists. A valid, or proved, will must be presented to the probate court. If it was not properly prepared or witnessed, the probate judge may decide to ignore the will’s instructions, and proceed as if none exists. If there is no will, or the court refuses to recognize it, the decedent is determined to have died intestate. Intestate means, “without a will.”
Other steps include:
1) Confirming the personal representative
2) Informing the affected parties, such as creditors, heirs and other beneficiaries, that probate has started
3) Filing and Inventory and Appraisal of the property
4) Paying taxes, creditors and fees
5) Preparing a final accounting
6) Distributing remaining property to beneficiaries
7) Closing the estate
Crystal GH Lowery, Esq. is an experienced Probate Administration Attorney. She is unique in that she does not bill by the hour, but only based on an agreed upon flat fee. She wants you to call her if you have a question because many times, a simple question leads to a simple answer which can be extremely preventative. She works with clients throughout their lives to make sure that your plan stays up to date to reflect your life, dreams, wishes, and goals.
Crystal GH Lowery, Esq. is a Probate Administration Attorney licensed in South Carolina. Her practice areas include: