Probate Lawyer in Bluffton, SC

If there's one thing that most families can agree on, it's that losing a loved one is tough. It's a grief-stricken time often filled with sleepless nights and free-flowing tears. Between notifying friends, planning funeral services, and working through your own emotions, the thought of Estate Administration is the last thing on your mind. But you know something must be done. You feel obligated to do something about your family member's estate but aren't sure how to proceed or when to do it. You're probably wrestling with hard-to-answer questions like:

What Happens with My Loved One's Estate?
What Happens During the Estate Administration Process?
How Long Will It Take?
Do I Receive Compensation for My Time?
What State is Probate Taking Place?

That's where Cobb Hammett comes in - to help guide you through the complicated processes of probate court in South Carolina. Because the truth is, probate can be confusing and intimidating if you're ill-equipped to deal with the court's procedures and inner workings. There is legal paperwork to draft and file, petitions to publish, notices to serve, bonds to file, and a long list of rules that you must adhere to during this time. With a probate lawyer in Bluffton, SC, by your side, however, you can rest easy knowing your loved one's assets are protected, and their legacy is legally preserved.

Service Areas

What is a Probate Attorney in Bluffton, 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.

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 Bluffton, 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.

Our attorneys love probate and estate-related legal services, including but not limited to the following:

Estate Administration

When our probate lawyers assist with Estate Administration, our team prioritizes efficacy and efficiency to ensure all tasks are accomplished correctly and on time. That way, our clients endure less stress while looking good in front of family members.

Estate Disputes and Litigation Cases

When an Estate is disputed and requires litigation, Cobb Hammett probate attorneys fight to win on our client's behalf. From holding unfaithful Executors accountable to contesting Wills, our team searches for the best way to achieve our client's goals.

Trust Administration

Things get more complicated in probate cases where Trusts are involved. To ensure that the terms of the Trust are met and handled correctly, our team works closely with clients to advise them on how to proceed.

Trust Disputes and Litigation Cases

Every Trust is different. By proxy, every Trust dispute must be handled in a unique manner. After a careful analysis of the Trust and South Carolina law, our team will determine the best strategy to achieve our client's goals.

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 Bluffton, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.

Steps to the Probate Process in South Carolina

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.

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

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

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.

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.

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.

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.

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

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

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 Bluffton, 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.

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

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.

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

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 Bluffton, 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.

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

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 Bluffton, 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.

Bluffton Township Fire District Board appoints interim fire chief, Chief Boulware retired last month, investigation now underway

BLUFFTON, S.C. (WTOC) - An abrupt change at the top for the Bluffton Township Fire District and a lot of unanswered questions about what’s going on.In a press release, the Bluffton Township Fire District Board of Commissioners said they voted to recommend the current Deputy Chief of Administration, Derek Church, be made the Interim Fire Chief.This is all pending an internal investigation into the chief for policy violations.The Board also directed the Chairman of the Bluffton Township Fire District Board to contact...

BLUFFTON, S.C. (WTOC) - An abrupt change at the top for the Bluffton Township Fire District and a lot of unanswered questions about what’s going on.

In a press release, the Bluffton Township Fire District Board of Commissioners said they voted to recommend the current Deputy Chief of Administration, Derek Church, be made the Interim Fire Chief.

This is all pending an internal investigation into the chief for policy violations.

The Board also directed the Chairman of the Bluffton Township Fire District Board to contact Boulware, instructing him to return all Bluffton Township Fire District-owned property in his possession.

But according to the December 17th minutes for the board:

“Chief Boulware has asked to retire at the end of the month and be re-hired 30 days after as recommended in the resolution and permissible by the SC Retirement System Plan Documents.”

The board accepted his retirement that night. He officially retired on January 2nd and was expected to be re-hired 30 days later, and return on February 3rd. He is still listed as retired, wasn’t officially rehired, and a new Interim Chief was named instead.

He is now listed as retired according to the fire district.

Beaufort County said this was regarding allegations of policy violations. They said they learned of the allegations from the Administrator and County Attorney’s office. The investigation is being conducted internally by the Deputy County Attorney.

The county said in a statement quote “This situation does not impact the outstanding commitment of BTFD firefighters to public safety and service.”

Chief Boulware has been with the fire district for more than 30 years, beginning as a volunteer and working his way up. He was promoted to fire chief at the beginning of 2023.

The board recommended the current Deputy Chief of Administration, Derek Church, be appointed as the Interim Fire Chief.

Chief Church, began working with the district in 1997, and progressed through the ranks. He will now be in charge of 175 personnel and says he is dedicated to providing continued outstanding service to the Bluffton area.

In a statement the Bluffton Township Fire District said they “remain committed to transparency and accountability while respecting the privacy of personnel matters.”

See the entire Bluffton Township Fire District release below:

WTOC reached out to Beaufort County Government officials for comment, read the full statement below:

Where to eat, shop, and stay in Bluffton, South Carolina

Those who love rambling will appreciate this town's unhurried pace and walkable charm steeped in Lowcountry characterJanuary 23, 2025Nestled under ancient oaks and cradled by the quiet May River, Bluffton retains a sepia-toned serenity that underscores its billing as the “last true coastal village in the South.” For centuries the town, incorporated in 1852 as one square mile along its namesake bluff, remained a tucked-away enclave of oystermen and fishermen, not much more than a pass-through (or rather, speed trap) ...

Those who love rambling will appreciate this town's unhurried pace and walkable charm steeped in Lowcountry character

January 23, 2025

Nestled under ancient oaks and cradled by the quiet May River, Bluffton retains a sepia-toned serenity that underscores its billing as the “last true coastal village in the South.” For centuries the town, incorporated in 1852 as one square mile along its namesake bluff, remained a tucked-away enclave of oystermen and fishermen, not much more than a pass-through (or rather, speed trap) for travelers to Hilton Head. Today, Bluffton’s historic district is a destination all its own—still petite and perfectly quaint, but a haven for artists and galleries, a deliverer of culinary surprises, and home to the state’s last hand-shucking oyster company. Those who love rambling will appreciate Bluffton’s unhurried pace and walkable charm steeped in Lowcountry character.

Warm WelcomeSettle in at Old Town Bluffton Inn, a three-story, 14-room property that anchors the historic district’s main intersection. Friendly innkeepers are at the ready with a complimentary glass of wine and itinerary suggestions, or if you prefer R&R to exploring, the elegant rooms feature small balconies.

Rise and ShineFuel up for the day with breakfast or brunch at the Cottage, a coffee shop, bakery, and cafe in a historic bungalow with shady front-porch seating. Opt for the classic tomato pie, killer salads, or Crabby Bernice, a crab-loaded eggs Benedict.

Coastal ChicWhile Spartina 449’s exquisite handbags, clothing, and jewelry are in boutiques around the country, Bluffton boasts the flagship. Designed by locals, Spartina’s bespoke collections fill the delightful, tin-roofed, century-old cottage.

Sweet, Sweet SpiritThere’s salvation to be had—or at least heavenly spirits—at Burnt Church Distillery. Light pours through the stained-glass windows of the Sanctuary tasting room, where wicked cocktails featuring small-batch bourbon, gin, whiskey, and vodka tempt patrons.

Gallery HoppingCalhoun Street is creativity central, with galleries galore tucked into old cottages, including SOBA (Society of Bluffton Artists, a nonprofit co-op), which rotates original work from 100 artists, and La Petite Gallerie, showcasing jewelry, pottery, and paintings.

Golden HourIs anything as peaceful as a vermillion sunset over the May River? Beside the picturesque Church of the Holy Cross, Wright Park’s swings, benches, and dock offer the perfect perch for soaking in Bluffton’s natural beauty.

Deep RootsAt Okàn, Bluffton’s Gullah history and West African heritage come together in Chef Bennett’s James Beard–nominated dishes. Meanwhile, roots of the literal sort run deep at Farm, where seasonality reigns and locally sourced produce and seafood shine on the almost daily–changing menu.

This article appears in the Winter 2025 issue of Southbound.

Beloved family restaurant in Bluffton to close its doors for good soon. Here’s when and why

Beloved family restaurant, Pour Richard’s, will be closing its doors on Jan. 31.Located off of Bluffton Parkway, Pour Richard’s has been serving deliciously comforting Southern cuisine and wine since 2010.Seemingly quaint and small, this restaurant has made a big impact on both locals and visitors to the Lowcountry for 15 years.Known for their dishes like Southern French onion soup (which is the only item that never left the m...

Beloved family restaurant, Pour Richard’s, will be closing its doors on Jan. 31.

Located off of Bluffton Parkway, Pour Richard’s has been serving deliciously comforting Southern cuisine and wine since 2010.

Seemingly quaint and small, this restaurant has made a big impact on both locals and visitors to the Lowcountry for 15 years.

Known for their dishes like Southern French onion soup (which is the only item that never left the menu), chocolate bourbon pies and chicken dishes, Pour Richard’s has been a go-to spot for Bluffton families and friends to gather, unwind and enjoy a meal together for years.

Pour Richard’s is closing because another restaurant buyer bought the establishment, said Allyson Rogers, one of the owners of Pour Richard’s..

This new spot will bring a whole new array of dishes and drinks. There are also plans to entirely renovate the space and to open at the beginning of March, though details of the new concept are still under wraps. More information about the incoming location will be released soon.

The restaurant announced its closing on Jan. 20 through a post on Facebook, with frequent guests and community locals flooding the comments with heartfelt messages to say goodbye.

But above the food, the service is what made Pour Richard’s feel like home for so many. Over 200 guests reminisced in the comments that from birthdays, anniversaries, family dinners and even first dates, Pour Richard’s greeted every customer with a smile, served food that warmed you up from the inside out and made every customer feel like family.

Owners Richard Canestrari and Rogers have spent every day for the past 15 years waking up early and opening up the restaurant. Now their worlds are about to flip upside down.

“It all feels a little surreal and it’s all starting to sink in this week,” said Allyson Rogers, pastry chef.

But as all good things must come to an end, so many visitors of Pour Richard’s are anxious to know what’s next. Right now, Rogers and Canestrari aren’t entirely sure, but they are leaving the door open to reflect and recharge.

“For now, I think we are going to take a break and figure things out. Richard has always been involved with the food businesses, so I think sometime soon we may look into opening a new spot … maybe something with more drinks on the menu,” Rogers said.

As a final hurrah, you can still visit Pour Richard’s until the end of the month and even join them at 6 p.m. on Jan. 30 for a toast where they plan to celebrate until there’s nothing left to pour.

“I’m ready to get back to the things I often missed out on or forgot to do, like sleeping in, getting out on the boat or fixing my lawn, but it’s exciting to see what we’ll do next … something totally different,” Rogers said.

Pour Richard’s is located at 4376 Bluffton Parkway in Bluffton. They are open 5:30-9:30 p.m. Wednesday through Saturday.

This story was originally published January 25, 2025 at 1:00 AM.

The Island Packet

(843) 626-0211

Anna Claire Miller is the Service Journalism Reporter for The Island Packet. Originally from Georgia, she has experience in magazine writing, non-profit communications and city government. Anna Claire has a bachelor’s degree in journalism, legal studies and English from High Point University.

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