Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in Awendaw, SC?

When someone passes away, their assets have to be distributed according to South Carolina state laws and the directions in their Will. Your probate lawyer will be a significant source of help in this regard, as they will guide an executor of a Will or Beneficiaries of an estate through the often-confusing probate process. From identifying notating estate assets to distributing inheritances, your probate attorney is a crucial partner during this difficult time in your life.

At Cobb Hammett, our probate attorneys understand that when a client's loved one dies, they need a caring presence by their side. But they also need a confident source of knowledge that can act on their behalf as they grieve. That's why, given the complex nature of probate law, it's a good idea to have a trusted attorney on call who can settle an estate and handle the nuanced issues that arise in probate court.

  • Walk You Through the Aspects of Your Probate Case
  • Prepare and File All Necessary Paperwork by the Mandated Deadlines
  • Help You Stay Abreast of Requirements and Responsibilities
  • Identify Estate Assets
  • Help Pay Debts and Bills
  • Transfer Assets to the Appropriate Parties
  • Assist with Estate Disputes
  • Resolve Income Tax Issues
  • Advise You of Your Rights
  • Remain Prepared and Organized to Help Reduce Your Stress

Administering a decedent's estate can be a long, arduous process. That's especially true if disputes are involved with Beneficiaries. When you consider the chances of being held liable for decisions you make as a Personal Representative of an Estate, working with a probate lawyer from Cobb Hammett Law Firm just makes good sense.

Probate Lawyer Awendaw, SC

About The Cobb Hammett Law Firm Difference

As seasoned probate lawyers in South Carolina, we understand that Estate Administration often involves sensitive family dynamics as much as it does the legal minutia involved in probate law. After all, a person's estate not only affects their generation but the generations that follow.

But when your loved one passes, their assets must be managed and distributed correctly. When mismanaged, disputes often arise between parties like the Beneficiaries, Trustees, Heirs, or Executors of a Will. Even when everything is managed the right way, arguments and misunderstandings can still occur, and even evolve into bitter legal battles necessitating probate litigation.

It stands to reason, then, that you should hire a probate lawyer in Awendaw, SC to help. But the truth is, many attorneys don't have vast experience with probate and trust work. If they do, they aren't usually seasoned trial attorneys. That's what separates probate attorneys at Cobb Hammett, LLC from others - we have the ability to help plan your Estate and litigate estate disputes if they arise.

We are keenly familiar with local probate judges, courtroom staff members, and the related procedures involved with South Carolina probate law. Our intimate knowledge and experience help us successfully navigate the probate process to complete our client's cases quickly and efficiently.

But that's just one aspect that sets Cobb Hammett apart from other firms. Understanding the importance of personalized attention, we also make an intentional decision to limit our law firm's overall caseload. This allows us to better focus on individual clients, many of whom remain with us for generations. We do not pass off cases to paralegals or junior associates but rather prioritize the attorney-client relationship. We value compassion and integrity, and our practice reflects those values.

Moreover, trust is one of the most important aspects of the attorney-client relationship. We work to create an open, friendly environment in which you can feel comfortable. After years of experience, we boast the skill and experience necessary to earn that trust - and that's a priceless commodity when it comes to probate cases in South Carolina.

Understanding The Probate Process in South Carolina

When a loved one passes away, it's natural to go through a time of emotional adjustment. However, it's crucial for the family of the loved one to face the financial realities of their estate. That reality includes the probate process, which involves distributing assets and settling the estate. A probate attorney in Awendaw, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.

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Steps to the Probate Process in South Carolina

01

Delivery of Will Upon Death: During probate, the first step involves having a will delivered to an Estate Administrator or to the probate court. The deadline to accomplish this task is 30 days.

02

A Personal Representative is Assigned: This individual is often named in a Will and should be appointed officially by the court.

03

A Notice is Sent to Intestate Heirs: If these heirs feel that they should inherit, they have a right to challenge this step.

04

The Estate is Inventoried and Appraised: This process must occur within 90 days of opening an estate. In some estates with valuables like jewelry, art, and property, professional appraisers may be needed.

05

Settling Accounts: During this step, the estate must pay any applicable taxes, ongoing expenses, or outstanding debts. Should the estate not have enough money to pay these debts, creditors must be paid according to South Carolina code.

06

Distributions: If there is money in the estate after debts are paid, those funds are given to heirs of the estate, according to the Will or the State.

07

Discharge: As soon as any claims are paid, the personal representative of the estate will file documents to close the estate. To make this official, the court will issue a Certificate of Discharge.

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Avoiding Probate in South Carolina

Though most estates in South Carolina must go through probate, it is possible to avoid. This happens when a decedent's assets are placed in a Living Trust prior to their death. In this scenario, beneficiaries must be designated in order to inherit the estate. Suppose there are funds that have been promised to beneficiaries via life insurance policies or bank accounts with "payable upon death" designations. In that case, those funds do not have to go through probate.

Assets subject to probate in South Carolina include:

  • Interest in an LLC, Partnership, or Corporation
  • Real Estate Held as a Tenant in Common
  • Property Held in Only the Deceased's Name
Probate Attorney Awendaw, SC
Probate Lawyer Awendaw, SC

Assets that are not subject to probate in South Carolina include:

  • Assets Placed in a Trust
  • Assets Which Are Already Tied to a Beneficiary
  • Pension Plan Assets
  • Insurance Policies with Beneficiaries
  • Beneficiaries of Retirement Funds
  • Real Estate or Property with Right of Survivorship
  • Real Estate or Property with Joint Tenancy
  • Accounts That Are Transferable or Payable Upon Death
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Avoiding Probate: Yes or No?

Though it's not always possible, some families go out of their way to avoid the probate process in South Carolina. Doing so can help save money in the long run and also expedite the distribution of funds to heirs. By avoiding probate, you're also keeping personal matters private.

Because every person has different estate and probate complexities, it's hard to say whether avoiding probate is good or bad. Whether or not you should avoid probate depends on your unique situation. As a general rule, it's always best to consult with a probate lawyer in Awendaw, SC, for honest feedback and probate assistance.

Typically, having a Living Trust or a Will in place will make transferring assets easier. A little prep ahead of time will make a world of difference when your loved one passes away. After all, nobody is ever prepared for a relative or family friend's death, but a compassionate, trustworthy probate attorney can make the process easier.

FAQsSouth Carolina Probate FAQs

For many families, "Probate" is a dirty term that involves heartbreak and headaches. And while the probate process in South Carolina can be complex and stressful, having answers to some of the most common probate questions can help put your mind at ease.

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What Our Clients Say

Q.

My family member recently passed away, and we're considering their estate. How long will the probate process take?

A.

The time it takes an estate to go through probate in South Carolina varies depending on a number of questions, including:

  • Does the deceased have a valid will?
  • Is the Estate complex or large?
  • Is the Will contested?
  • Have any lawsuits been filed?
  • Is the personal representative of the estate efficient?

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

My loved one mentioned opening a Trust to protect my assets. What is a Trust, and what Trusts should I consider?

A.

As is the case with most probate decisions, opening a Trust should be based on your unique situation and guidance from your probate attorney in Awendaw, SC. With that said, a Trust is meant to hold property for your loved one's benefit. When a Trust is created, assets are transferred into the said Trust and managed accordingly. Though there is a common misconception that Trusts are reserved for the wealthy, just about any family can benefit from opening a Trust.

The most common types of Trusts used in probate include:

  • Living Trust: These trusts are opened and controlled by you while you're still living. When you pass away, the assets in the trust are distributed to the beneficiaries you choose. Typically, these trusts do not go through the probate process.
  • Testamentary Trust: These trusts are usually established after you pass away and are included in your will. These trusts must go through the probate process in South Carolina, though they allow for the distribution of property within a certain time frame.
  • Special Needs Trust: This type of trust gives financial support to your loved one if they are disabled.

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

What happens when somebody dies without a will in South Carolina?

A.

When a person passes away without a Will in South Carolina, the state decides who gets their decedent's assets. This is also called passing intestate. When this happens, usually only spouses, blood relatives, or registered domestic partners can inherit property according to intestate succession laws.

Relatives who receive the probate property of the deceased are usually chosen in the following order:

  • Living Spouse
  • Children or Grandchildren
  • Parents
  • Brothers or Sisters
  • Grandparents
  • Uncles and Aunts
  • Extended Family

If you're in need of a veteran probate lawyer in South Carolina, look no further than Cobb Hammett Law Firm. With years of experience in Estate Administration and probate cases, our team is ready to serve you with excellence and protect your interests. Have additional questions? We're here to help. Contact our office today to learn more about Estate Administration in South Carolina.

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A Caring, Confident Approach to Probate in South Carolina

Planning your estate is the first step to take if you want to protect your family, your assets, your well-being, and the fruits of your hard work.

At Cobb Hammett, LLC, our team of experienced probate lawyers in Awendaw, SC, can help you navigate the entire Estate Administration process. Through creative legal strategies and a clear understanding of your goals and desires, we work together to make your asset and estate visions a reality. It's never too early to get your estate in order. In fact, estate planning is important for everyone, whether you're single or married, young or old, with or without children. If you're ready to protect your assets and be prepared for probate, contact Cobb Hammett, LLC, today.

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Latest News in Awendaw, SC

SC’s most pressing environmental issues come to a head at the ‘Gateway to Cape Romain’

AWENDAW — Drive north on U.S. Highway 17, past the shopping centers and subdivisions, and you’ll come to a small town that sits at the proverbial crossroads of South Carolina’s most-pressing environmental issues. Here the Milky Way still shines at night, the wetlands teem with life, and the trees grow dense enough to create a near-perpetual dusk in the forest below.But as Charleston County is reshaped by a fast-growing population and rising seas, the future of Awendaw and its wild spaces is in an uneasy limbo, and th...

AWENDAW — Drive north on U.S. Highway 17, past the shopping centers and subdivisions, and you’ll come to a small town that sits at the proverbial crossroads of South Carolina’s most-pressing environmental issues. Here the Milky Way still shines at night, the wetlands teem with life, and the trees grow dense enough to create a near-perpetual dusk in the forest below.

But as Charleston County is reshaped by a fast-growing population and rising seas, the future of Awendaw and its wild spaces is in an uneasy limbo, and there’s no easy path towards a solution.

In this small town, anxieties about over-development collide with increased flooding, leaky septic tanks and the threat of wildfires. All of those issues are playing out in a town wedged between two of South Carolina’s most-diverse ecosystems: the Francis Marion National Forest and Cape Romain National Wildlife Refuge.

The Post and Courier’s Rising Waters Lab focuses on impacts of climate change and related policies and practices. It is supported by donations and grants to the nonprofit Public Service and Investigative Fund, whose contributors are subject to the same coverage we apply to everyone else. For more information and to make a donation, go to postandcourierfund.com. To sign up for our newsletter, click here.

As the U.S. government changes the playbook for federal land management — the Trump administration plans to increase logging in Francis Marion and has cut federal positions across South Carolina — Awendaw is literally caught in the middle.

“We’ve got the Department of Agriculture on the west, the Department of Interior on the east, and this oddly-shaped town of Awendaw is the gateway between those two,” said recently-elected Mayor Chris Crolley.

Awendaw’s adaptation strategy largely depends on nature-based, green solutions and ordinance overhauls, he said. The town recently became the second community in South Carolina to adopt a local wetlands protection ordinance in response to the Trump administration’s plan to deregulate previously-protected areas.

In Awendaw, Blake Scott sees a developing “road map” for other communities.

“ I see Awendaw as a perfect example of conservation on the human scale,” said Scott, the co-founder of the Charleston-based M.A.R.S.H. Project, a grassroots conservation group that works to protect Charleston’s salt marshes. Scott noted that Awendaw, population 1,600, is about the same size as many of Charleston’s neighborhoods.

“ We see that as a functional scale for us to achieve environmental victories,” Scott continued. “If Awendaw can do it, we hope that we could do it at our neighborhood level and then mushroom out from there to Charleston's various neighborhoods.”

Cape Romain’s gateway

Spanning 22 miles and roughly 66,000 acres, the Cape Romain National Wildlife Refuge is a near-pristine ecosystem of wetlands, islands, shores and maritime forests. The Cape is a biodiversity hotspot home to the state’s most-active nesting sites for loggerhead sea turtles and nearly 300 migratory and year-round bird species, several of which are considered "Tipping Point Species" that have lost at least half their population in the last 50 years.

While the refuge is managed by the Department of Interior, the surrounding communities play a significant role in safeguarding its water quality and ecosystem. Runoff from Awendaw washes directly into Cape Romain, and development along the border of the refuge has been a simmering source of tension in the community.

"Lands surrounding the Refuge are crucial for maintaining habitat and water quality by acting as buffers for the waters, marshes, and barrier islands of the Refuge," Sherri Fields, the conservation director for Audubon South Carolina, wrote in an email. "If these buffers are degraded by construction and pollution, habitats in the Refuge will also be affected, which will have negative consequences for bird populations that are already suffering."

The National Parks Service considers over half of the refuge a “Class 1 National Wilderness Area.” That status grants it additional Clean Air Act protections and means that, theoretically, the Cape is supposed to have some of the cleanest air in South Carolina.

“Awendaw is the gateway to Cape Romain National Wildlife Refuge,” Crolley said. “For Awendaw to be positioned so close to Cape Romain — it means something. There’s a responsibility inherent in that.”

In addition to his new role leading the town, Crolley owns and operates Coastal Expeditions, a local business that offers eco-tours of Charleston County’s tidal wetlands and ecosystem. The company also has a nonprofit arm, the Coastal Expeditions Foundation.

The foundation does conservation work within Cape Romain, work Crolley said is critical these days.

But limited funding for the National Wildlife Refuge system has been a challenge throughout several presidential administrations, Crolley said. He bluntly described it as a persistent “lack of give-a-sh- -” from Washington, D.C.

“ They're completely understaffed,” he said. “I think their charter says they're supposed to have 14 people, and they have two.”

If you include a regional manager in that count, he said, it raises the level of staffers at Cape Romain to three. The U.S. Fish and Wildlife Service — which is under the Interior Department and manages the Cape Romain Refuge — declined to comment on current staffing levels at the refuge, or about what the pre-Trump administration staffing levels were.

"The U.S. Fish and Wildlife Service remains dedicated to conserving America’s wildlife and natural habitats while promoting access, use, and enjoyment of public lands by the American people, all while upholding federal responsibilities with efficiency and accountability," an agency spokesperson wrote in a statement.

Awendaw, fearing spillover growth from Mount Pleasant, plans to extend its halt on new subdivisions

AWENDAW — Rural and lightly populated, this town on Mount Pleasant’s northern border has been facing increasing development pressure and is poised to extend a moratorium on subdivisions and zoning changes for another year.For nearly two years the moratorium has prevented land from being divided into more than five pieces, effectively stopping the creation of subdivisions. For example, someone with a 100-acre piece of land couldn't carve it up into dozens of home sites while the moratorium is in force."In two ye...

AWENDAW — Rural and lightly populated, this town on Mount Pleasant’s northern border has been facing increasing development pressure and is poised to extend a moratorium on subdivisions and zoning changes for another year.

For nearly two years the moratorium has prevented land from being divided into more than five pieces, effectively stopping the creation of subdivisions. For example, someone with a 100-acre piece of land couldn't carve it up into dozens of home sites while the moratorium is in force.

"In two years the population of Awendaw will double because of the developments allowed over the past 15 years," Mayor Chris Crolley said. "That's not sustainable."

Extending the moratorium would give the town another year to rewrite zoning and land-use rules to conform with Awendaw's latest Comprehensive Plan, a state-required planning document. The moratorium would not prevent construction where it's already allowed, but would prevent changes in land-use rules through zoning while also blocking larger subdivisions.

Councilman Kent Prause said that during the ongoing moratorium the town has raised the minimum size of a residential building lot with public water and sewer service from 12,500 square feet to 21,500 — nearly half an acre. The town also set new rules to protect wetlands and regulate septic systems.

Temporary moratoriums have seen increasing use across South Carolina as a tool to pause development, sometimes to allow time for new rules to be developed, other times to allow for infrastructure to catch up. The state has had the fastest-rising population in the nation in recent years.

Mount Pleasant had a moratorium on multi-family buildings for seven years; Berkeley County had a moratorium on large-scale developments; Anderson County blocked all new housing for 90 days in 2025; North Augusta put a 2-and-a-half-year halt to new apartment buildings, the list goes on.

Prause was Mount Pleasant's zoning administrator for decades, and has lived in Awendaw for 29 years. He said that while campaigning for office he knocked on hundreds of doors and "the two things I heard most were: 'We don't want to be another Mount Pleasant, and we just want to be left alone.' "

Prause led the charge for the first moratorium in 2024.

"We haven't really had anyone speak against it at (recent) public meetings," he said.

Crolley noted that a moratorium is temporary, though just how temporary remains to be seen. If approved at a special town council meeting and public hearing on Feb. 26 at 9 a.m., it would be the second one-year extension of Awendaw’s 2024 moratorium.

“Our Comprehensive Plan got ratified last year," said Crolley. "Given that we went through that whole process and have our template to work from, now it’s time to get the zoning in line and the ordinances to protect the wetlands and trees."

Awendaw has fewer than 1,800 residents and didn't have a full-time planning official until October 2025, according to Town Administrator Katharine Watkins.

While neighboring Mount Pleasant's population works out to 1,930 people per square mile, the number in Awendaw is less than 100. Residents there have seen how development can change a town.

Mount Pleasant had 5,100 residents in 1960. Over the next 30 years the town’s population grew nearly six fold, to 30,100, and in the next 30 years it tripled, to 90,801 in 2020.

“These developers aren’t in it for the wellbeing of the community," said Crolley. "They’re not from around here."

Mount Pleasant has taken many steps to limit growth and development, with annual limits on building permits, height and size restrictions on buildings, and the moratorium on multi-family housing that lasted seven years. But most of those things came after most of the available land in the town had been developed.

Like a growing number of South Carolina communities, Awendaw has set out to firmly regulate development before it takes place.

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