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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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

Gamecocks Host NCAA Tournament Play This Weekend

COLUMBIA, SC – No. 4/4 South Carolina opens play in the NCAA Tournament on Sat., March 21, at Colonial Life Arena. The Gamecocks will play the winner of the First Four game between Southern and Samford in a 1 p.m. tipoff on ABC. vs. Gamecock NotablesBy the Numbers7 – Multiple Gamecocks have earned All-America status for the seventh-straight season.9 – South Carolina has posted at least 30 wins in nine of the last 12 season...

COLUMBIA, SC – No. 4/4 South Carolina opens play in the NCAA Tournament on Sat., March 21, at Colonial Life Arena. The Gamecocks will play the winner of the First Four game between Southern and Samford in a 1 p.m. tipoff on ABC.

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Gamecock Notables

By the Numbers7 – Multiple Gamecocks have earned All-America status for the seventh-straight season.

9 – South Carolina has posted at least 30 wins in nine of the last 12 seasons, including each of the last five.

12 – Senior Raven Johnson needs 12 points to reach 1,000 in her career.

Gamecocks Against the FieldThis season, South Carolina has faced 13 of the 68 teams in the NCAA Tournament field, four of which are also in the Sacramento 4 Region, including both of its potential second-round opponents. The Gamecocks went 13-3 against those 13 teams.

In addition to their nine league rivals in the field – Alabama, Georgia, Kentucky, LSU, Oklahoma, Ole Miss, Tennessee, Texas, Vanderbilt – South Carolina played non-conference games against Clemson, vs. Southern Cal, vs. Duke and at Louisville.

The 13 teams include a No. 1 seed, two No. 2 seeds, two No. 3 seeds, a No. 4 seed, two No. 5 seeds, a No. 6 seed, a No. 7 seed, a No. 8 seed, a No. 9 seed and a No. 11 seed.

Home Sweet HomeThe Gamecocks are 562-168 (.770) in home games (some records prior to 1976-77 did not include location of games). Current head coach Dawn Staley is 250-35 at home for a program-best .877 winning percentage.

Playing in its 24th season at Colonial Life Arena, South Carolina boasts a 313-68 (.822) record in the building, including four undefeated seasons since 2013-14. Staley’s share of that record is 247-35 (.876).

South Carolina is 28-5 (.848) in postseason play at home, including a 20-8 (.714) mark at Colonial Life Arena. The Gamecocks are 21-2 (.913) in NCAA Tournament games at home.

Tournament TalkSouth Carolina is in its 22nd NCAA Tournament and its 14th straight under head coach Dawn Staley. The Gamecocks are 55-18 overall in the event with 15 Sweet 16 appearances, nine Elite Eight seasons, seven Final Four showings and three National Championships.

The Gamecocks have been a regional No. 1 seed 10 times, including three seasons as the overall No. 1 seed (2022, 2023, 2024). They are 39-5 as a No. 1 seed.

In her 26th season as a head coach, Staley has taken a team to the NCAA Tournament 20 times. She is 49-16 at the event, including a 47-10 mark at South Carolina and a 21-2 mark over the last four tournaments.

All-American GirlsA trio of Gamecocks have received All-America honors this season, led by forward Joyce Edwards who has been on every list’s second team. She is just the eighth Gamecock sophomore all-time to earn All-America status, most recently joining Staley-era greats Aliyah Boston (2021), A’ja Wilson (2016) and Tiffany Mitchell (2014).

Senior Raven Johnson earned third-team honors from the Associated Press and honorable mention nods from USA Today and the USBWA. It is the first season she has received the label.

Senior Ta’Niya Latson claimed All-America recognition for the fourth straight season as she drew honorable mention honors from the Associated Press.

This season marks the seventh-straight that multiple Gamecocks have earned All-America status.

Bill regulating THC drinks, gummies clears key hurdle in SC Senate

COLUMBIA, S.C. (WIS) - A bill regulating hemp products in South Carolina cleared its hurdle inside the state Senate after weeks of discussion and debate.Wednesday night, Senators failed to pass the hemp regulation bill, leaving it’s future uncertain, but then revived it on Thursday evening.Senators then passed an amended bill on Thursday under a deal that would allow low-potency, canned THC beverages to be sold at retail stores that have beer and wine licenses. Those beverages could include up to five milligrams of THC in...

COLUMBIA, S.C. (WIS) - A bill regulating hemp products in South Carolina cleared its hurdle inside the state Senate after weeks of discussion and debate.

Wednesday night, Senators failed to pass the hemp regulation bill, leaving it’s future uncertain, but then revived it on Thursday evening.

Senators then passed an amended bill on Thursday under a deal that would allow low-potency, canned THC beverages to be sold at retail stores that have beer and wine licenses. Those beverages could include up to five milligrams of THC in a 12 oz. can and would need to be kept behind a counter.

Under the bill, higher-potency drinks like 12 oz. cans with up to 10 milligrams of THC, and 750 milliliter bottles would be allowed to be sold at liquor stores alongside gummies. The gummies, restricted to packs of four that are 10 milligrams each of THC, 40 milligrams total in a pack, would also need to be kept behind the counter at liquor stores.

“That’s the number one thing,” said Sen. Michael Johnson (R-York). “We want to regulate this product, make sure those who shouldn’t be around it aren’t and so that was the entire intent of today.”

“We are going to force alcoholics into liquor stores to get gummies,” said Sen. Ed Sutton (D-Charleston). “I think that is a very bad mistake.”

The measure would still need to formally pass the Senate through a third reading on Tuesday. The amended bill would then need to pass the South Carolina House of Representatives, which struggled to pass its own hemp regulations earlier this year.

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Columbia prison opens first-of-its-kind vertical farm aimed at teaching inmates agricultural skills

The South Carolina Department of Corrections announced the opening of the first vertical farm inside a U.S. prison, launching a new agricultural training initiative at the Camille Graham Correctional Institute in Columbia.The four-container vertical farm, developed through a partnership with nonprofits Impact Justice and farm equipment manufacturer AmplifiedAg, is expected to produce more than 40,000 pounds of fresh produce annually. The harvest will be used to supply the prison, as well as low-income communities, with crops grown and...

The South Carolina Department of Corrections announced the opening of the first vertical farm inside a U.S. prison, launching a new agricultural training initiative at the Camille Graham Correctional Institute in Columbia.

The four-container vertical farm, developed through a partnership with nonprofits Impact Justice and farm equipment manufacturer AmplifiedAg, is expected to produce more than 40,000 pounds of fresh produce annually. The harvest will be used to supply the prison, as well as low-income communities, with crops grown and maintained by incarcerated women.

The workforce development project aims to bring modern agricultural practices into rehabilitation programs inside prisons. Program participants will get classroom instruction and hands-on training, officials said at the project’s unveiling March 19.

Leaders said the initiative is designed to increase access to nutritional foods within the facility and give prisoners a chance to learn employable skills, including operating and maintaining advanced farming systems.

Impact Justice CEO Alex Busansky hopes the vertical farm will be a catalyst for “a national movement” to prove that these farms work, create opportunities and improve lives.

The organization will also work with S.C. agribusiness partners to help connect inmates with job opportunities upon release. The goal is to create a pipeline to employment.

The opening was attended by S.C. Department of Corrections Director Joel Anderson, S.C. Department of Agriculture Commissioner Hugh Weathers and AmplifiedAg CEO Dave Flynn.

The farm is built out of retrofitted shipping containers and outfitted with LED grow lights, climate control systems and vertical growing racks. Crops such as leafy greens and herbs can be grown in the controlled environment. Vertical farming is the process of growing groups in vertical layers within an enclosed environment, using soilless systems like hydroponics. Vertical farms enable year-round high crop yield with up to 95 percent less water and significantly less land.

The greens grown in the vertical farms mature within a 36-day period, as opposed to the average 55 days in a traditional field.

Two other farms in Oakland and Chowchilla, California, are poised to receive a similar system. A third farm will be opened at the Impact Justice office in Oakland, as well.

Officials emphasized that programs like this play a role in reducing recidivism rates — or someone returning to prison after release — by providing practical skills and a sense of purpose. They hope the initiative will serve as a model for programs nationwide.

WOMEN IN PUBLISHING SUMMIT BRINGS WIP LIVE CONFERENCE TO COLUMBIA, SC

Celebrating Women’s History Month with an Immersive Business Conference for Women Authors and Publishing Professionals — March 26–28, 2026 • Columbia, SCCOLUMBIA, SC, UNITED STATES, March 19, 2026 /EINPresswire.com/ — The Women in Publishing Summit announces the inaugural in-person WIP LIVE: #WIPCON conference, March 26–28, 2026, at the Courtyard by Marriott Columbia Downtown at USC—a deliberate choice to honor Women’s History Month! Founded to amplify women’s voices, Women i...

Celebrating Women’s History Month with an Immersive Business Conference for Women Authors and Publishing Professionals — March 26–28, 2026 • Columbia, SC

COLUMBIA, SC, UNITED STATES, March 19, 2026 /EINPresswire.com/ — The Women in Publishing Summit announces the inaugural in-person WIP LIVE: #WIPCON conference, March 26–28, 2026, at the Courtyard by Marriott Columbia Downtown at USC—a deliberate choice to honor Women’s History Month! Founded to amplify women’s voices, Women in Publishing Summit was built on the belief that women who have a story to tell deserve every resource, connection, and strategy necessary to bring that work into the world at full volume. With 35,000+ email subscribers, 8,000+ Facebook group members, 1,000+ annual virtual summit attendees, and 200,000+ podcast downloads, WIP has become one of the most engaged communities in independent publishing. WIPCON is its fullest in-person expression.

“WIPCON was built differently. You leave with work done—content created, collaborations identified, a revenue strategy mapped. Not plans. Results.” —Alexa Bigwarfe, Founder A Working Conference — Not a Passive One WIPCON is not a traditional writing or publishing conference. Over 2.5 days, women authors and publishing professionals stop consuming and start building — leaving with real content, a mapped revenue strategy, identified collaboration partners, and a 90-day action plan.

Thursday, March 26: Welcome Happy Hour and networking mixer (6:00–8:00 PM)

Friday, March 27: LEARN: Expert-led sessions on storytelling, social media strategy, visibility, and revenue — closing with the Genius Games, an interactive experience to identify strengths and collaboration partners.

Saturday, March 28 — BUILD: Small-group implementation labs with the same experts: Social Media and; Content, Sales and Collaboration, and Visibility and Speaking. Closes with a 90-Day Collaborative Action Plan.

Sunday, March 29 — VIP Day (capped at 15): 1:1 strategy sessions, mentorship, and content filming.

Featured Speakers: Alexa Bigwarfe • Porsché Mysticque • Julie Lokun • April Pertuis • Tayler Simon • Annette Flavel • Cayce LaCorte • Raewyn Sangari • Jennifer Wilkov • Tara Abbott • Parchelle and; Portia Michele Osumaré.

Event Details: Dates: March 26–28, 2026 • Location: Courtyard by Marriott Columbia Downtown at USC, 630 Assembly St, Columbia, SC 29201

Tickets: $347 General Admission • Register: writepublishsell.thrivecart.com/wincon-26/ Info: womeninpublishingsummit.com/columbia • Media: [email protected]

About Women in Publishing Summit: Founded by Alexa Bigwarfe, Women in Publishing Summit exists to amplify women’s voices, elevate women’s stories, and build a community where women in publishing are better together. WIP hosts an annual virtual summit with 40+ workshops, monthly programming, and a growing ecosystem of resources for authors and publishing professionals at every stage.

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FIRST ALERT: Midlands school changes for potential severe weather on Monday

NOTE: The above video is a livestream of WIS featuring current newscasts, Soda City Living and Gray Media’s Local News Live.COLUMBIA, S.C. (WIS) - Several Midlands school districts have announced school closures and eLearning days for Monday due to potential severe weather across the region.LEXINGTON 3Lexington County School District Three announced it will shift to an eLearning Day due to potential severe weather on Monday.The district says there will be no work for students to do on Mo...

NOTE: The above video is a livestream of WIS featuring current newscasts, Soda City Living and Gray Media’s Local News Live.

COLUMBIA, S.C. (WIS) - Several Midlands school districts have announced school closures and eLearning days for Monday due to potential severe weather across the region.

LEXINGTON 3

Lexington County School District Three announced it will shift to an eLearning Day due to potential severe weather on Monday.

The district says there will be no work for students to do on Monday. Instead, students will receive their make-up eLearning assignments on Tuesday, March 17th. Students will have the option to complete their eLearning assignments on their own time. All assignments will be due by no later than Thursday, April 2nd.

All after-school events, including sports practices, sports games, meetings, adult education classes, etc., scheduled for Monday, March 16th, are cancelled.

LEXINGTON ONE

Lexington One is switching to eLearning on Monday, March 16, 2026

All after-school events and activities are canceled, and campuses are also closed for the day.

You can click here to review the district’s eLearning guidelines and directions.

LEXINGTON TWO

Lexington Two is closing all offices and schools on Monday, March 16.

All afternoon and evening activities are also canceled on Monday, including athletic events, extracurricular activities, after-school programs, and adult education classes.

DISTRICT 5 OF LEXINGTON AND RICHLAND COUNTIES

LR5 will not have school due to previous scheduling.

ORANGEBURG COUNTY SCHOOL DISTRICT

Orangeburg County School District will observe an eLearning Day. All after-school programs, extracurricular activities, athletic practices, and games scheduled for tomorrow are canceled due to the expected weather conditions.

LEE COUNTY

Lee County School District has designated Monday, March 16, 2026, as an eLearning Day.

KERSHAW COUNTY

Kershaw County School District is shifting to an e-Learning Day for Monday. All Monday after-school activities and sporting events are also cancelled.

WIS will update this article with more school changes once announced.

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