Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in Columbia, 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 Columbia, 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 Columbia, 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 Columbia, 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 Columbia, SC
Probate Lawyer Columbia, 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 Columbia, 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 Columbia, 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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Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!

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 Columbia, 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 Columbia, SC

Woman accused of trying to steal steaks, urinating on floor of Publix

COLUMBIA, S.C. (WIS) - A woman was arrested after allegedly causing a scene at a Columbia-area Publix over the weekend.The Richland County Sheriff’s Department said 35-year-old Cardesha Gilmore was arrested Sunday and is charged with indecent exposure, shoplifting, public disorderly conduct, pedestrian in the highway and assault while resisting arrest.According to an incident report from RCSD, Gilmore was caught trying to steal four packs of steaks by employees at the Publix store on Hardscrabble Road. Afterwards, she rep...

COLUMBIA, S.C. (WIS) - A woman was arrested after allegedly causing a scene at a Columbia-area Publix over the weekend.

The Richland County Sheriff’s Department said 35-year-old Cardesha Gilmore was arrested Sunday and is charged with indecent exposure, shoplifting, public disorderly conduct, pedestrian in the highway and assault while resisting arrest.

According to an incident report from RCSD, Gilmore was caught trying to steal four packs of steaks by employees at the Publix store on Hardscrabble Road. Afterwards, she reportedly became irate and proceeded to urinate on the floor of the store.

When deputies arrived, Gilmore allegedly ran away and went into traffic on Hardscrabble Road. She eventually complied with orders to stop and was taken into custody.

Documents state that Gilmore tried to run again after being taken to a patrol car, but immediately lost balance and was restrained. The sheriff’s department said Gilmore also tried kicking a deputy in the face, but was unsuccessful.

She reportedly did not have any identification on her, and all deputies reportedly found was an empty bottle of oxycodone prescribed to a different person that did not match Gilmore, according to DMV records.

RCSD noted that Gilmore was initially identified as a “Jane Doe” in an incident report, but publicly identified her as the suspect on Tuesday.

As of Tuesday afternoon, records show Gilmore was booked at the Alvin S. Glenn Detention Center on a nearly $21,800 bond.

This is a developing story. Stay with WIS for the latest.

Feel more informed, prepared, and connected with WIS. For more free content like this, subscribe to our , and . Have feedback that can help us improve? .

Buddhist monks arrive in South Carolina, continuing their walk for peace

MCCORMICK, S.C. —After 73 days of walking for peace, a group of Buddhist monks and their dog Aloka have crossed the Savannah River into South Carolina.The group started their 2,300-mile journey in Fort Worth, Texas, on Oct. 26, and is traveling through 10 states en route to Washington, D.C.As of Tuesday evening, the monks are traveling along Highway 378 and stopped overnight in McCmorick.The monks were met by hundreds of supporters along the road, holding signs, flowers, and praying for the ...

MCCORMICK, S.C. —

After 73 days of walking for peace, a group of Buddhist monks and their dog Aloka have crossed the Savannah River into South Carolina.

The group started their 2,300-mile journey in Fort Worth, Texas, on Oct. 26, and is traveling through 10 states en route to Washington, D.C.

As of Tuesday evening, the monks are traveling along Highway 378 and stopped overnight in McCmorick.

The monks were met by hundreds of supporters along the road, holding signs, flowers, and praying for the group.

"All we ever hear are the bad things, right? So whenever you get a taste of good news, you just want to be a part of it. You want to soak it all in," says Michelle Urps, who watched with her mother and daughter.

"Everybody was like silent as soon as they walked by, and bowing their heads and praying, just like it was just peaceful. It was mind, mind-blowing experience. You had to be here to see it," says Caroline Forest, who traveled to McCormick to watch with her sister.

The monks also hosted a meet and greet Tuesday night outside of the McCormick County Emergency Management offices, where they'll spend the night.

The original route through South Carolina had the group walking through part of Abbeville, Laurens, and possibly Union counties. On Jan. 2, the route changed to take a path through Columbia before heading north to North Carolina.

If you would like to follow their path, click on this map or check out the map below:

To track them live, click here or check out the map below:

The group has amassed a huge audience on social media, with more than 700,000 followers on Facebook. Aloka, who is named after a Sanskrit word meaning enlightenment, has its own hashtag, #AlokathePeaceDog, and Facebook page, with more than 400,000 followers.

Buddhism is a religion and philosophy that evolved from the teachings of Gautama Buddha, a prince turned teacher who is believed to have lived in northern India and attained enlightenment between the 6th and 4th centuries B.C. The religion spread to other parts of Asia after his death and came to the West in the 20th century. The Buddha taught that the path to end suffering and become liberated from the cycle of birth, death and reincarnation includes the practice of non-violence, mental discipline through meditation, and showing compassion for all beings.

While Buddhism has branched into a number of sects over the centuries, its rich tradition of peace activism continues. Its social teaching was pioneered by figures like the Dalai Lama and Thich Nhat Hanh, who have applied core principles of compassion and non-violence to political, environmental and social justice as well as peace-building efforts around the world.

‘Walk for Peace’ monks are entering SC today, likely heading to Columbia this week

COLUMBIA — A group of about 20 Buddhist monks — and their loyal rescue dog, Aloka — are set to visit Columbia this week as they continue their more than 2,000-mile journey across the Southeastern United States to promote peace and harmony.The monks began their journey in Fort Worth, Tx., on Oct. 26 with plans to end in Washington, D.C., around early February. Despite injuries and exhaustion, the monks have persevered, meeting thousands along the way, where they give out prayer bracelets and speak with those who come ...

COLUMBIA — A group of about 20 Buddhist monks — and their loyal rescue dog, Aloka — are set to visit Columbia this week as they continue their more than 2,000-mile journey across the Southeastern United States to promote peace and harmony.

The monks began their journey in Fort Worth, Tx., on Oct. 26 with plans to end in Washington, D.C., around early February. Despite injuries and exhaustion, the monks have persevered, meeting thousands along the way, where they give out prayer bracelets and speak with those who come to see them.

On the morning of Jan. 6, the monks’ social media account posted that they started the day in Tignall, Ga., with plans to walk through Lincolnton and cross into South Carolina during the day. The monks next planned stop is in McCormick, S.C., which is about 77 miles from Columbia.

While the monks’ arrival in Columbia is estimated between Jan. 10 and 20, Google Maps predicts a journey of that length would take a walker about 28 hours, which could result in the group making it to Columbia by the end of the week when stops and breaks are included.

The exact dates for the monks’ stop should be updated in the next few days as the group finalizes plans for where to stop for lunch and where to sleep, both of which are updated on their daily live map.

The monk’s route, as of Jan. 6, goes from Chennault, Ga., to U.S. 378, where the monks will cross into South Carolina and through McCormick, Edgefield and Saluda counties before they trek through rural Lexington County and roughly follow U.S. 378 into Columbia.

The monks walk from sun up to sunset, only stopping to eat and sleep, often camping in tents at night. Their lunch stop includes visiting hours from 10:30 a.m. to 1 p.m. while their night stop invites guests from 6 p.m. to 9 p.m. At both times, the monks welcome people to stop by and support the effort.

Droves of people have come out to meet the monks in past cities, with one Georgia mayor arranging for the group to receive medical care. In many places, the monks lead meditations and chants, and pass out blessing cords, Buddhist symbols of protection, good luck and spirituality.

Material donations are currently on hold due to limited space, according to the monks’ website, but visitors are welcome to donate online.

Once the monks hit Columbia, they’ll turn north and begin the walk to Charlotte with a planned stop in Rock Hill, according to the overview map.

To follow along on their live route, go to walkforpeace.short.gy/live-map. For the overall route, head to walkforpeace.short.gy/overview-map. To follow along with the standout star of the group, Aloka, head to facebook.com/alokathepeacedog.

To-Do List: Central Carolina Comic Con, Wild Lights at Riverbanks Zoo and 'Matilda JR.'

WednesdayWhat: Bring your 2- and 3-year-olds and their siblings to the Columbia Museum of Art for this week's Gladys' Gang, exploring movement and the "Keith Haring: Radiant Vision" exhibition.When: 10-11 a.m., Jan. 7Where: Columbia Museum of Art, 1515 Main St., ColumbiaPrice: Free, registration requiredThursdayWhat: Columbia Art Center's After School Art is designed to teach students, ages 5 to 10, to create art with multiple mediums. From color theory to drawing, this class is the per...

Wednesday

What: Bring your 2- and 3-year-olds and their siblings to the Columbia Museum of Art for this week's Gladys' Gang, exploring movement and the "Keith Haring: Radiant Vision" exhibition.

When: 10-11 a.m., Jan. 7

Where: Columbia Museum of Art, 1515 Main St., Columbia

Price: Free, registration required

Thursday

What: Columbia Art Center's After School Art is designed to teach students, ages 5 to 10, to create art with multiple mediums. From color theory to drawing, this class is the perfect learning opportunity for Thursday afternoons.

When: 4-6 p.m., Thursdays, Jan. 8-Feb. 12

Where: Columbia Art Center, 1227 Taylor St., Suite C, Columbia

Price: $115

Friday

What: Bringing Christian music icons like Chris Tomlin and Katy Nichole to the stage, Winter Jam is back and touring across the country. With the first 2026 stop at Colonial Life Arena, this is a can't-miss opportunity for Soda City.

When: General admission entry at 6 p.m., show at 7 p.m., Jan. 9

Where: Colonial Life Arena, 801 Lincoln St., Columbia

Price: $15 donation requested

What: This week, International Ballet Stars is bringing the tale of Princess Aurora to life at the Koger Center with "The Sleeping Beauty." From hand-painted sets to exclusive costumes, don't skip this stunning performance.

When: 7:30 p.m., Jan. 9

Where: Koger Center for the Arts, 1051 Greene St., Columbia

Price: Starting at $45 before fees

What: The Irmo Chapin Recreation Commission Children's Theatre is bringing Roald Dahl's story of “Matilda” to life with this high-energy musical! Bring the whole family to see the performance, at Harbison Theatre for three days only.

When: 7 p.m., Jan. 9; 3 p.m. and 7 p.m., Jan. 10; 3 p.m., Jan. 11

Where: Harbison Theatre, 7300 College St., Irmo

Price: $10 before fees

Saturday

What: JaVonne Jones is performing live at Chayz Lounge, bringing her electric violin expertise and music from the '80s and '90s to a Columbia audience.

When: Doors open at 6:30 p.m., show at 8 p.m., Jan. 10

Where: Chayz Lounge, 607 Meeting St., West Columbia

Price: $54.16 reserved seating

What: Three South Carolina Philharmonic concerts are taking the stage, all featuring Andy & Friends Chamber Series director Andy Armstrong. Purchase tickets for the first event this week, titled "Northern Lights."

When: 7:30 p.m., Jan. 10

Where: Koger Center for the Arts, 1051 Greene St., Columbia

Price: Starting at $15 before fees

What: Central Carolina Comic Con is back, bringing photo ops, panels and guests like Tom Kenny and Holly Marie Combs to the Midlands. Purchase a one- or two-day pass to this jam-packed weekend.

When: 10 a.m.-6 p.m., Jan. 10; 11 a.m.-5 p.m., Jan. 11

Where: South Carolina State Fairgrounds, 1200 Rosewood Drive, Columbia

Price: $30 one-day pass before fees, $50 weekend pass before fees

What: This week is your last chance to take in the splendor of this season's Wild Lights at Riverbanks Zoo. Secure your ticket to stroll past the 60 nature-inspired wildlife lantern displays in the zoo and gardens this Sunday.

When: 5-9 p.m., Jan. 11

Where: Riverbanks Zoo & Garden, 500 Wildlife Parkway, Columbia

Price: $20.99 general admission

What: Bands Fleshwater, Jarhead Fertilizer and Tarantula perform this week at New Brookland Tavern.

When: 6 p.m., Jan. 12

Where: New Brookland Tavern, 632 Harden St., Columbia

Price: $30.68

What: All Good Books' Black Author Book Club brings together readers for a monthly discussion. Hosted by Jared Lee Johnson, January's meeting will dive into "Black-Owned: The Revolutionary Life of the Black Bookstore" by Char Adams.

When: 6-7 p.m., Jan. 13

Where: All Good Books, 734 Harden St., Columbia

Price: Free admission

What: Since the 1990s, "STOMP" has been bringing dance, theater and percussion to audiences in the U.K. and beyond. Coming to the Koger Center this month, experience the show in person, thanks to Broadway in Columbia.

When: 7:30 p.m., Jan. 13

Where: Koger Center for the Arts, 1051 Greene St., Columbia

Price: Starting at $35 before fees

Buddhist monks on nationwide Walk for Peace will pass through Columbia

A group of Buddhist monks will begin 2026 by walking on foot across South Carolina, part of a larger trek that will take them halfway across the country to the nation’s capital.As the new year began, two dozen monks and their rescue dog Aloka had passed through Atlanta on the Walk for Peace, according to a live online map of the journey, and were walking east toward Athens and the Savannah River.The walk is expected to enter South Carolina in McCormick County near Plum Branch in the coming days. According to the latest up...

A group of Buddhist monks will begin 2026 by walking on foot across South Carolina, part of a larger trek that will take them halfway across the country to the nation’s capital.

As the new year began, two dozen monks and their rescue dog Aloka had passed through Atlanta on the Walk for Peace, according to a live online map of the journey, and were walking east toward Athens and the Savannah River.

The walk is expected to enter South Carolina in McCormick County near Plum Branch in the coming days. According to the latest update to the monks’ itinerary on Friday, the caravan is expected to walk through Edgefield and Saluda counties before crossing through Batesburg-Leesville and Lexington on their way to Columbia, before the march turns north and leaves the Palmetto State by passing through Rock Hill.

The monks are on a 2,300-mile march from their home Huong Dao Temple in Forth Worth, Texas, to Washington, D.C., passing through eight states and hitting seven capital cities, including Columbia, although the tentative route is unclear what specific sites the monks might go through along the way. The march started on Oct. 26 and is expected to take 120 days to reach the nation’s capital.

One of the monks told CBS News the walk is meant to promote “peace, loving kindness and compassion to all people.”

The walk has continued even after an incident that occurred before the group had even left Texas. A vehicle escorting the group was struck from behind by a truck while driving near Houston, injuring two of the monks. The more seriously injured of the two had to leave the march, but he reunited with the group in Georgia on the last day of 2025.

As the monks have traveled across the South, the Walk for Peace has garnered attention through its social media accounts, and large crowds have met the travelers when they reach pre-determined rest sites.

Polling shows there are more than 1 million Buddhists in the United States, the majority of them Asian American but including a sizable number of Western converts. Today, there are thousands of organized Buddhist temples across the country.

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