Probate Lawyer in Beaufort, 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 Beaufort, 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 Beaufort, 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 Beaufort, SC
Probate Lawyer Beaufort, 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 Beaufort, 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.

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 Beaufort, 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 Beaufort, 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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phone-number 843-936-6680

Latest News in Beaufort, SC

Beaufort braces for winter weather

By Delayna EarleyThe Island NewsIt looks like Beaufort is going to get snow for the first time since 2018.Snow is exceedingly rare for the Lowcountry, an area more used to dealing with tropical storms, but meteorologists with the National Weather Service (NWS) in Charleston have become increasingly certain that Beaufort County may start to see wintery precipitation on Tuesday, Jan. 21, and continue into Wednesday.When it snowed in January 2018, Beaufort received around four inches...

By Delayna Earley

The Island News

It looks like Beaufort is going to get snow for the first time since 2018.

Snow is exceedingly rare for the Lowcountry, an area more used to dealing with tropical storms, but meteorologists with the National Weather Service (NWS) in Charleston have become increasingly certain that Beaufort County may start to see wintery precipitation on Tuesday, Jan. 21, and continue into Wednesday.

When it snowed in January 2018, Beaufort received around four inches of snow, according to totals reported.

Current reports from NWS meteorologists are calling for the Beaufort area to receive freezing rain that will turn into snow and could result in one to two inches of accumulation.

A Winter Weather Warning has been issued for the Lowcountry beginning on Tuesday, Jan. 21, at 5 p.m. through noon on Wednesday as the risks of accumulating snow and freezing rain, as well as an “extended period of bitterly cold temperatures,” are expected to impact the area.

The area’s low temperatures are expected to be in the 20s, but with the wind chill, especially on Wednesday night, Beaufort could see near-record lows.

High temperatures during the day are expected to stay in the upper 30s and low 40s.

In northern Beaufort County, there is only one cold weather shelter.

Sea Island Presbyterian Church will be open as a cold shelter from 5 p.m. to 8 a.m. Monday through Wednesday nights and will provide showers, dinner and breakfast.

The church is located at 81 Lady’s Island Dr. in Beaufort.

Call 843-525-0696 for more information about this shelter.

Beaufort County School District announced that students would attend school for half a day on Tuesday and have an e-learning day on Wednesday.

According to spokesperson Candace Bruder, decisions about school closures on Thursday will be announced by 1:30 p.m. on Wednesday.

The South Carolina Department of Transportation (SCDOT) began pretreating the interstate and primary routes on Monday and will continue to do so until conditions are unsafe, according to spokesperson Hannah Robinson.

This is a developing story and will be updated.

Delayna Earley, who joined The Island News in 2022, formerly worked as a photojournalist for The Island Packet/The Beaufort Gazette, as well as newspapers in Indiana and Virginia. She can be reached at [email protected].

4 Beaufort and Jasper County restaurants with worst SC inspections for February. Here’s why

Three Beaufort County food businesses and one Jasper County business were cited with “B” grades in February’s health inspections by the S.C. Department of Health and Environmental Control.Here is a rundown of restaurants that received the lowest ratings in February:Chophouse 119 scored 86% (B) on Feb. 13 in a ...

Three Beaufort County food businesses and one Jasper County business were cited with “B” grades in February’s health inspections by the S.C. Department of Health and Environmental Control.

Here is a rundown of restaurants that received the lowest ratings in February:

Chophouse 119 scored 86% (B) on Feb. 13 in a routine inspection. Issues noted by inspectors included:

Chophouse 119 was reinspected on Feb. 21 and scored 100% (A).

Dolphin Head Golf Club scored 79% (B) on Feb. 11 in a routine inspection. Issues noted by inspectors included:

Dolphin Head Golf Club was reinspected on Feb. 21 and scored 100% (A).

Taqueria El Primo scored 85% (B) on Feb. 25 in a routine inspection. Issues noted by inspectors included:

Taqueria El Primo has not been reinspected as of March 7, but one is required within 10 days.

Bryan’s Country Store scored 79% (B) on Feb. 11 in a routine inspection. Issues noted by inspectors included:

Bryan’s Country Store was reinspected on Feb. 20 and scored 100% (A).

Inspectors give restaurants a grade of A, B or C, depending on the conditions found at the time. Points are docked for various infractions, and restaurants have a chance to correct the problems and improve their score in a reinspection.

The grade scale is as follows:

During February, SCDA recorded 227 inspections of restaurants, schools, stores and other food establishments in Beaufort County and 43 in Jasper County.

The agency publishes the results of these health inspections on its website.

Newer food-grade decals include a QR code that customers can scan with their phones to see a food establishment’s latest report.

This story was originally published March 7, 2025 at 6:00 AM.

A Breakfast Club Of 'Elders' In Beaufort, South Carolina Are Now Unlikely Film Stars

Every Wednesday morning at 7:30 a.m., a group of men gather for breakfast at Blackstone’s Cafe on Scott Street in Beaufort, South Carolina. They range in...

Every Wednesday morning at 7:30 a.m., a group of men gather for breakfast at Blackstone’s Cafe on Scott Street in Beaufort, South Carolina. They range in age—Steve Lanier just entered his eighties, while Ray Stocks is 100 years old. Many of the men have served in the military; the group spans all wars from World War II to present. Combined, they have 980 years of life experience.

And those are stories worth sharing.

That’s the heart behind “Breakfast in Beaufort: Journeys Through Life,” a new short documentary film produced and directed by Raymond Smith of Modos Media alongside his son, Andrew, the film’s editor and Director of Photography.

“Breakfast in Beaufort: Journeys Through Life” opens with the group of men enjoying company together each week—a continuation of small-town tradition, Robert DeLoach, 98, shares on camera, where men used to gather and talk over a cup of coffee. Their breakfast club covers all kinds of topics, providing a bit of “a history lesson” from the elders to the younger men in the group.

“We share a culture of respect, of learning—you can share who you are and help them grow, but much more importantly, you grow yourself by listening to them,” Lanier, 80, shares in the film.

Eleven men are featured in “Breakfast in Beaufort: Journeys Through Life,” each with their own words of wisdom as interviewed in their homes: W.R. “Skeet” von Harten, Pat Garrett, Guy McSweeney, Steve Lanier, Mike Keyserling, Merle Mulvaney, Ray Stocks, Carter Swenson, Robert DeLoach, Daryl Fergusen, and Tom Mikell. They speak on themes and life lessons they remember from their own parents, including advocacy, kindness, responsibility, and hard work.

The film is airing at the 19th annual Beaufort International Film Festival, which runs through February 23, 2025 at the University of South Carolina Beaufort Center for the Arts. With its local connection and timely message of turning a listening ear to elders, the film’s screening—happening Saturday, February 22—is already sold out.

“This film is about elders, not a phrase often used in our society—some see older people as past their ‘sell-by date’ or irrelevant,” Smith shared with Southern Living. “In this film, we see a combined 980 years of experience, learning, and wisdom of a group of older men who join each other each week to share breakfast and their stories and thoughts. We see their energy, humor and care for us all.”

As reported by The Island Packet, Smith clarified that while the documentary features many veterans, it is not just focused on wartime experiences. The idea was first brought to Smith by the film’s executive producer, Richard Sribnick—a doctor who lives part-time just northeast of Beaufort on Lady’s Island.

After coming across the men at Blackstone’s one Wednesday, Sribnick approached Raymond and Andrew with the original idea to share stories of World War II, Korea, and Vietnam. To Smith, there was a greater opportunity to unearth wisdom from around the breakfast table.

“[Our elders] encourage us to be better toward each other and show that small gestures can bring about surprising impact, sometimes even on a global scale,” Smith told SL. “So next time you see an older person sitting alone, just say hello and you may be surprised by what you will learn.”

This ties into one key lesson that the men themselves share in the film. “Pay attention,” says 92-year-old W.R. “Skeet” von Harten on screen. “Enjoy what you’ve got. Be kind to others. Be kind to yourself. If you get tired, sit down and rest. If you want to go, go…Be happy, be kind, be productive, and don’t complain. That’s what this 92-year-old says.”

The director is also working on sharing the short documentary film on SCETV, the state’s public educational broadcast network.

It's a good reminder—whether you're able to catch the screening or not—to cherish the words and memories that are so quickly lost from generation to generation, with thoughtful questions and intentional listening. You may want to digitize some of your old family photos to go along with Nana and Grandpa's stories, as well.

Here’s everything to know about trash and burn laws in Beaufort County

With South Carolina quickly becoming one of the top spots for moving and Beaufort County ranked in the top five best counties to raise a family, it’s important to know some of the basics of living in a new place.Although not the most exciting aspect of moving, waste collection is a critical function for any city.Here’s everything you need to know about trash pick-up, convenience centers and tras...

With South Carolina quickly becoming one of the top spots for moving and Beaufort County ranked in the top five best counties to raise a family, it’s important to know some of the basics of living in a new place.

Although not the most exciting aspect of moving, waste collection is a critical function for any city.

Here’s everything you need to know about trash pick-up, convenience centers and trash burn laws for areas within Beaufort County.

For the City of Beaufort, Capital Waste Services provides residents with weekly household trash collection.

They also provide once per week yard waste collection, every other week mixed recyclables collection and bulk item collection by appointment, which you can schedule by phone or online.

For the unincorporated areas of Beaufort County and contracted curbside locations, the following companies provide trash pick-up:

For Beaufort County residents of apartments and condominiums, your complex may provide bulk pick-up from a complex dumpster, but recycling collection may not be offered.

Beaufort County offers convenience centers for residents to dispose of their residential trash. Four of these locations offer recycling options.

To use the Beaufort County convenience centers, you must have a recycling decal and solid waste pass. You can register for one or both online here.

All nine centers are open 7:30 a.m. to 6 p.m., but different centers are open on different days:

When it comes to burning trash, the state of South Carolina bans burning residential and household trash items.

Open burning can pose environmental and safety risks, according to the South Carolina Department of Environmental Services. In addition to causing brush, residential and forest fires, open burning can release toxic pollutants into the air and produce ash containing toxic metals.

These toxic materials can then be inhaled, ingested by children in contaminated soil or absorbed by produce through soil, resulting in potential health risks.

In South Carolina, it’s illegal to burn:

However, Beaufort County does permit residents to burn certain items.

According to the City of Beaufort Fire Department, these items include natural vegetation, yard debris, limbs, leaves and other natural items.

It is recommended that before you burn any natural vegetation items, you request a permit by calling the burn request line at 843-525-7032 on each day on which burning will be conducted.

For first-time burns, the permit holder must have their property and burn area inspected by a fire official before the permit is issued.

Beaufort County states that all burning must be done before 3 p.m. and that there must be a nearby water source.

However, certain requirements, contact numbers and burn ordinances vary by municipality, so it’s important to check with your nearest fire department for those protocols.

For additional information about burn permits and requirements in Beaufort County, refer to the burn ordinances or contact the City of Beaufort Fire Marshal’s office at 843-525-7055.

This story was originally published January 28, 2025 at 6:00 AM.

Closures continue as Beaufort County slowly thaws from mid-week snowfall

BEAUFORT — It's been nearly two days since several inches of frozen precipitation started to fall across Beaufort County. With daytime temperatures hovering in the 30s over the intervening days, the hard-packed snow and ice remains stubbornly in place on the region's roads, prompting schools, businesses and government offices to announce their intentions t...

BEAUFORT — It's been nearly two days since several inches of frozen precipitation started to fall across Beaufort County. With daytime temperatures hovering in the 30s over the intervening days, the hard-packed snow and ice remains stubbornly in place on the region's roads, prompting schools, businesses and government offices to announce their intentions to remain closed Jan. 24.

"After consultation with Emergency Management regarding current and expected road conditions impacted by ice, frozen sleet, and snow, there will be no school or E-learning tomorrow, Friday, January 24, 2025, and district buildings will be closed," wrote Beaufort County School District spokesperson Candace Bruder in an email, adding that all extracurricular activities planned through Jan. 26 will be rescheduled.

Classes are expected to resume Jan. 27.

Across the border in Jasper County, schools will have an e-learning day Jan. 24 and all evening activities will be rescheduled.

Beaufort, Bluffton, Hilton Head and Port Royal municipal offices will all be closed, as will county government offices.

"After consultation with Emergency Management regarding tonight's forecast and road conditions, county offices will remain closed on Friday, January 24, 2025. This includes the convenience centers," wrote Beaufort County spokesperson Hannah Nichols in an email to The Post and Courier.

Ferry service to Daufuskie Island is expected to resume Jan. 24, though that could change depending up weather conditions. Due to accumulations of ice, both Hilton Head Island Airport and Beaufort Executive Airport remain closed, and travelers are encouraged to check with their respective carriers for more information.

Hours for warming shelters in Beaufort County have been extended as a result of the unusually long cold spell.

In Beaufort, Sea Island Presbyterian Church, located at 81 Lady’s Island Drive, opened its cold weather shelter at 5 p.m. Jan. 19. The shelter will operate from 5 p.m. until 8 a.m. through the morning of Jan. 25. Service animals are allowed, but pets are not permitted.

On Hilton Head Island, Christ Lutheran Church, 829 William Hilton Parkway, opened a cold weather shelter Jan. 20. It will remain open through the morning of Jan. 24 from 5:30 p.m. to 7:30 a.m. Service animal are allowed, but pets are not permitted.

The National Weather Service reported that 2 to 4 inches of snow and sleet fell over the county overnight Jan. 21 into the early morning Jan. 22. Temperatures rose above freezing Jan. 22, but plummeted with nightfall, leaving new layers of dangerous ice on county roads.

Any number of public safety agencies have issued warnings about the potential for the formation of black ice as melting ice refreezes when overnight temperatures drop. The Beaufort County Sheriff's Office issued a statement Jan. 23 requesting that drivers stay off the roads unless travel cannot be avoided. Travel on primary roads like U.S. 278 and S.C. 170, the advisory said, is improving, but some hazards remain. However, travel on secondary, rural and private roads remains hazardous.

"Please keep in mind, that regardless of conditions improving on certain roads, shaded areas could potentially still be frozen," read the advisory in part.

Up to this point, residents appear to be heeding the warnings and staying off the roads. The Bluffton Township Fire District reported that it had only received a single call for an auto accident since the winter storm set in during then evening of Jan. 21. North of the Broad River, the Beaufort/Port Royal Fire Depart responded to a single multivehicle accident with injuries and two noninjury auto accidents.

"Thankfully, residents are listening to public safety officials and staying off the road," said Stephen Combs, public information officer for the Bluffton Township Fire District.

The National Weather Service has advised that the cold weather that has gripped the area in recent days will likely continue through the weekend, though daytime highs will begin to creep up. The warming trend is expected to continue into next week, when highs in the 60s are forecast.

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