Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in Daniel Island, 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 Daniel Island, 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 Daniel Island, 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 Daniel Island, 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 Daniel Island, SC
Probate Lawyer Daniel Island, 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 Daniel Island, 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 Daniel Island, 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 Daniel Island, 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 Daniel Island, SC

Fangs vs. Friends: Decoding South Carolina’s snake scene

Ssssup, Daniel Island. For all of our readers with ophidiophobia (the fear of snakes), now might be a good time to slither on down to other sections of the newspaper.If you’ve ever wandered through a swamp or even spotted a long, legless creature disappearing into the neighborhood, you might’ve wondered, “What species is this, and how dangerous are they?” Good news: in South Carolina, you’re far more likely to share a story about spotting a harmless snake than about being harmed by one. In fact, of the ro...

Ssssup, Daniel Island. For all of our readers with ophidiophobia (the fear of snakes), now might be a good time to slither on down to other sections of the newspaper.

If you’ve ever wandered through a swamp or even spotted a long, legless creature disappearing into the neighborhood, you might’ve wondered, “What species is this, and how dangerous are they?” Good news: in South Carolina, you’re far more likely to share a story about spotting a harmless snake than about being harmed by one. In fact, of the roughly 38 snake species slithering around the Palmetto State, only six are venomous. That leaves more than 30 nonvenomous neighbors doing important work in our ecosystems.

First, a quick shout‑out to the good guys. Nonvenomous snakes play pest patrol every day, gobbling up rodents, frogs, and bugs that otherwise might crash your picnic or nibble your veggies. Species like corn snakes, black racers, rat snakes, ringneck snakes, eastern indigo snakes, and water snakes are all harmless to humans. Many of these are vibrant and fascinating to observe, and most would rather flee than fight.

And now, the VIPs (Very Interesting Pit‑vipers): the venomous six. South Carolina’s venomous lineup includes:

Venomous snakes are fascinating and play an important role in balancing natural food webs, but they’re generally not out to get you. Most prefer to avoid humans and will give ample warning (think: rattles, retreating into brush, or simply sliding away) before anything else. Bites are rare, and fatalities even rarer. Still, it’s wise to give any snake the space it deserves.

One of the best tricks for telling venomous from nonvenomous isn’t just “don’t poke it.” Instead, look at patterns, head shape, pupil shape, habitat, and body build, and when in doubt, treat the mystery snake with respect and keep your distance.

For example, coral snakes have a unique banding pattern (you might’ve heard this rhyme: “Red touches yellow, kill a fellow; red touches black, friend of Jack”) that helps separate them from lookalikes like the scarlet kingsnake.

Appreciating these slithery residents for their pest‑control prowess and understanding when a snake means business can turn a “Yikes!” moment into a “Neat!” moment. And if you ever feel uncertain, remember what seasoned herpers always say: Look, don’t touch.

South Carolina tops list of favorite places to relocate

Many U.S. residents were either on the move last year or thinking about a move, and we know which states, counties and cities were the most popular destinations in 2025. Using online search data and accounting for population size, this U.S. News & World Report. research revealed the top 50 state, county and city destinations in the U.S. by their move-in to move-out ratios.Not surprisingly, South Carolina was a popular move destination, with its city of Conway topping the list of migration interest. Also, Horry County, where...

Many U.S. residents were either on the move last year or thinking about a move, and we know which states, counties and cities were the most popular destinations in 2025. Using online search data and accounting for population size, this U.S. News & World Report.

research revealed the top 50 state, county and city destinations in the U.S. by their move-in to move-out ratios.

Not surprisingly, South Carolina was a popular move destination, with its city of Conway topping the list of migration interest. Also, Horry County, where Conway is located, landed in the second spot in our county list of popular move locations.

Other sought-after state destinations ranged from some in the Northeast to the South and West, with less interest in Midwest states like Ohio and Indiana.

Most Sought-After States: Six of Top 10 in South

The appeal of South Carolina is easy to understand, with its mild weather and proximity to the Atlantic Ocean coastline, but some of the other states in the top 10 offer much more rugged conditions, including Idaho, Alaska, Maine and South Dakota. Besides the Palmetto State, other Southern states attracting considerable interest in 2025 included North Carolina, Tennessee, Alabama and Arkansas, with Delaware rounding out the top 10 in migration interest (the U.S. Census Bureau includes Delaware in the South region, specifically the South Atlantic region, though many in the U.S. would consider it a Northeastern state).

The 50 states in our research are shown below. Washington, D.C., is included, with the only state excluded being Hawaii, which came in at No. 51.

1. South Carolina

2. Idaho

3. Alaska

4. North Carolina

5. Maine

6. Tennessee

7. Delaware

8. South Dakota

9. Alabama

10.Arkansas

Most Sought-After Counties

Here are the top 50 counties with the highest migration interest:

1. Brunswick County, North Carolina

2. Horry County, South Carolina

3. Washington County, Tennessee

4. Sumter County, Florida

5. Marion County, Florida

6. Ellis County, Texas

7. Catawba County, North Carolina

8. Greenville County, South Carolina

9. Dorchester County, South Carolina

10. Gaston County, North Carolina

Most Sought-After Cities

The top 50 U.S. cities generating relocation interest in 2025 included:

1. Conway, South Carolina

2. Johnson City, Tennessee

3. Myrtle Beach, South Carolina

4. The Villages, Florida

5. Ocala, Florida

6. Bend, Oregon

7. Portland, Maine

8. New Braunfels, Texas

9. Bluffton, South Carolina

10. Apex, North Carolina

Provided by U.S. News & World Report.

Berkeley County schools on alert as measles cases surge in SC

Keep track of South Carolina's measles outbreak at the SC's Dept. of Health Department's daily updates. While South Carolina continues to be at the epicenter of the largest measles outbreak in 25 years, Berkeley County is preparing for the potential impact on local schools.As of Feb. 3, the state has 876 confirmed cases of the virus, primarily in the Upstate, which accounts for 80% of the cases in the United States this year.With the number of cases rising, Charleston-area health officials are warning that unvac...

Keep track of South Carolina's measles outbreak at the SC's Dept. of Health Department's daily updates.

While South Carolina continues to be at the epicenter of the largest measles outbreak in 25 years, Berkeley County is preparing for the potential impact on local schools.

As of Feb. 3, the state has 876 confirmed cases of the virus, primarily in the Upstate, which accounts for 80% of the cases in the United States this year.

With the number of cases rising, Charleston-area health officials are warning that unvaccinated communities – even in the Lowcountry – remain most at risk.

“Measles is one of the most contagious infections we know,” said Dr. Stephen Thacker, a pediatric infectious disease specialist at MUSC Children’s Health. “It spreads through the air when an infected person coughs or sneezes, and the virus can linger in a room for hours, which makes it really easy for us to spread.”

The disease is far more serious than its signature rash suggests, as Thacker said, “It can cause high fever, pneumonia, brain swelling, and sometimes lead to hospitalization, and in rare cases, death."

WHO'S MOST AT RISK?

Infants, young children under age five, pregnant individuals, and people with weakened immune systems are especially vulnerable.

Symptoms typically appear seven to 12 days after exposure and include cough, runny nose, red watery eyes, and fever, followed by a rash that spreads from the face to the body.

Families who suspect exposure should contact a health care provider immediately. Doctors may use isolation measures and could ask patients to remain at home until cleared.

Health officials said most of the cases involve unvaccinated or under-vaccinated individuals, often linked to travel or communities with lower vaccination rates.

According to Dr. Kent Stock, an epidemiologist with Roper St. Francis Healthcare, “If you don’t have a vaccination rate of 95% or higher, then you won’t be able to achieve herd immunity.”

Berkeley County’s vaccination rate currently hovers around 93%, leaving the area at a higher risk.

BERKELEY CO. SCHOOLS PREPARE

Schools are closely monitoring the situation.

While no confirmed cases have been reported in Berkeley County to date, the school district is urging parents to ensure their children are up to date on the MMR vaccine.

If a measles case is confirmed on campus, schools must immediately exclude the student, notify the Department of Health, and also exclude any students without a current MMR record.

Unvaccinated students can receive the vaccine within 72 hours to return to school.

In an email sent to parents, the Berkeley County School District stated that “maintaining high vaccination rates is essential to preventing outbreaks and protecting the broader community through herd immunity.”

HEALTH OFFICIALS: GET VACCINATED

Health care professionals said vaccinations remain the most effective protection.

“The most important step is really to make sure that children receive the MMR vaccine,” Thacker said. Children receive one dose around age one and a second dose between ages four and six.

For infants too young to be vaccinated, Thacker recommends a “cocooning” strategy, ensuring parents, siblings, and caregivers are fully immunized, avoiding large crowds, and, in certain situations, giving infants an early MMR dose.

Stock stressed the wider impact of an outbreak.

“Because of exposure, it’s a significant interruption to not only the public, but also businesses," he said. "So it’s in our interest economically to promote vaccination and mitigation techniques that will protect our citizens.”

With measles spreading rapidly in the Upstate, Berkeley County families are urged to check vaccination records and speak with health care providers.

Stock warned, “We all feel it’s just a matter of time before it ultimately reaches the Lowcountry."

Tri-County Biological Science Center first of its kind

Berkeley County Sheriff Duane Lewis joined local leaders to cut the ribbon on the Tri-County Biological Science Center, the first regional DNA-testing collaboration in South Carolina’s history, on Jan. 26.The new 21,000-square-foot facility, located at 3765 Leeds Avenue in North Charleston, features state-of-the-art forensic biology laboratory space, executive offices, and secure evidence storage.The center will support law enforcement agencies across Charleston, Berkeley, and Dorchester counties by analyzing physical evi...

Berkeley County Sheriff Duane Lewis joined local leaders to cut the ribbon on the Tri-County Biological Science Center, the first regional DNA-testing collaboration in South Carolina’s history, on Jan. 26.

The new 21,000-square-foot facility, located at 3765 Leeds Avenue in North Charleston, features state-of-the-art forensic biology laboratory space, executive offices, and secure evidence storage.

The center will support law enforcement agencies across Charleston, Berkeley, and Dorchester counties by analyzing physical evidence, assisting coroners with the identification of human remains, and providing expert testimony in court.

“Today isn’t just about opening a building. It is about opening doors to justice, answers, and healing for people in our community,” Sheriff Lewis said in a statement. “This center represents what can happen when counties come together with a shared purpose: serving victims, protecting the innocent, and strengthening public safety across the Tri-County area.”

The Biological Science Center is the result of a partnership between Berkeley, Dorchester, and Charleston counties. Sheriff Lewis expressed gratitude to Berkeley County Council for approving the funding and to Charleston County leaders for their collaboration in bringing the project to fruition.

“From a human standpoint, this is a game changer,” Lewis stated. “For victims and their families, waiting months, or even years, for DNA results can feel like reliving trauma over and over again. Faster testing allows us to move more quickly toward justice, closure, and healing.”

With the opening of the center, DNA evidence will now be processed locally rather than being delayed by long backlogs elsewhere. This change is expected to significantly reduce turnaround times, provide quicker investigative leads, and deliver faster answers for victims and their families while also easing the burden on the South Carolina Law Enforcement Division (SLED) Forensic Services Laboratory.

“DNA doesn’t just help us identify suspects. It also helps us clear those who are innocent,” Sheriff Lewis stated. “Faster access to accurate forensic science strengthens trust in the justice system by ensuring investigations are thorough, fair, and based on facts.”

Provided by Berkeley County Sheriff’s Office.

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