Probate Lawyer in 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.

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

SC fire ban continues as wildfires flare up

Photo by Jens Mahnke/pexels.com (pexels.com/photo/bonfire-photo-776113/)The South Carolina Forestry Commission issued a State Forester’s Burning Ban for all counties across the state last Friday, March 21, and on Saturday, March 22, Gov. Henry McMaster declared a state of emergency as a fire at Table Rock State Park in Pickens County continued to rage.The State Forester’s Burning Ban prohibits all outdoor burning, including yard debris burning, prescribed burning, campfires, bonfires and other recreational fires in ...

Photo by Jens Mahnke/pexels.com (pexels.com/photo/bonfire-photo-776113/)

The South Carolina Forestry Commission issued a State Forester’s Burning Ban for all counties across the state last Friday, March 21, and on Saturday, March 22, Gov. Henry McMaster declared a state of emergency as a fire at Table Rock State Park in Pickens County continued to rage.

The State Forester’s Burning Ban prohibits all outdoor burning, including yard debris burning, prescribed burning, campfires, bonfires and other recreational fires in all unincorporated areas of the state.

Forestry Commission officials said weather conditions present a greatly elevated risk of wildfire. The high winds and gusts that prompted the agency to issue a Red Flag Fire Alert persisted across the state over the weekend.

Additionally, extremely low relative humidities – reaching below 30% in most areas – add to the fire danger.

“The combination of gusty winds and low relative humidity is a recipe for wildfires igniting easily and spreading rapidly,” said forestry commission chief Darryl Jones in a statement, “especially when you add to the mix the abundance of dry, late-winter fuels on the ground.”

The ban will stay in effect until further notice, which will come in the form of an official announcement from the Forestry Commission.

McMaster's executive order declaring a State of Emergency to support South Carolina's ongoing response to the Table Rock bolsters emergency efforts as firefighters work to contain the fire.

"As this wildfire continues to spread, the State of Emergency allows us to mobilize resources quickly and ensure our firefighters have the support they need to protect lives and property," McMaster said in the announcement. "Given the elevated risk of wildfires throughout the state, the statewide burning ban will remain in effect until further notice. Anyone who violates this ban can and will go to jail."

Jones heeded the governor's call for vigilance.

“We always urge all South Carolinians to stay vigilant against wildfire, but the best way people can do that right now is to take seriously – and abide by – the Forestry Commission’s current statewide burning ban,” Jones said. “As we warned when issuing the ban, weather conditions across the state are presenting a greatly elevated risk for wildfire, and we’re seeing that play out at the Table Rock fire and elsewhere.”

South Carolina State Parks announced that all trails at Table Rock State Park are closed until further notice. Residents are urged to stay informed through local channels and to report any debris fires to local fire and law enforcement authorities immediately.

25+ Charleston concerts to put on your calendar in 2025

Whether you like to sing at the top of your lungs with 13,000 of your closest friends at the North Charleston Coliseum or prefer a more intimate setting at the Charleston Pour House — an unforgettable year of live music is planned for the 843.No matter your favorite genre, there’s a concert bound to hit the right note. So break open your piggy bank and check out 25+ must-see musicians, bands, and singers set to take the stage this year.We know fall + winter look a little sparse at the moment, but don&rsquo...

Whether you like to sing at the top of your lungs with 13,000 of your closest friends at the North Charleston Coliseum or prefer a more intimate setting at the Charleston Pour House — an unforgettable year of live music is planned for the 843.

No matter your favorite genre, there’s a concert bound to hit the right note. So break open your piggy bank and check out 25+ must-see musicians, bands, and singers set to take the stage this year.

We know fall + winter look a little sparse at the moment, but don’t fret. We’ll be adding to the setlist as concerts are announced. Want us to add local acts to this list? Let us know.

Credit One Stadium | With its large size, this stadium welcomes entertainers from all over the country to perform on Daniel Island.

Note: Credit One Stadium has a clear bag policy in place.

Paid Parking

Free Parking

North Charleston Coliseum + North Charleston Performing Arts Center | These venues share a campus and over both a large space that can hold ~13,000 fans + a smaller, quaint location for more intimate performances.

Paid Parking

Note: Both the North Charleston Coliseum + North Charleston Performing Arts Center have a clear bag policy in place.

The Windjammer |The salty, long-standing venue is perfect for beach views, live music, and good eats.

Note: All events at 6 p.m. and earlier are for those 21 and older unless a parent is present. Additionally, all shows starting at 9 p.m. are for those 21 and older.

Charleston Pour House | The Deck stage offers a lively experience with diverse acts.

Charleston Music Hall | This 19th-century Gothic Revival building is a downtown staple and hosts a variety of concerts and other performances.

Is there a bag policy? What about a dress code? Before you head to the show, check out some of the frequently asked questions.

The Refinery | This mixed-use development welcomes various national, regional, and local performing acts to the Lowcountry.

Women’s Golf Wins for First Time Since 2017; Ties Program 54-Hole Record at Daniel Island Invitational

DANIEL ISLAND, S.C. - The NC State women's golf team earned its first win in nearly eight years, finishing at 17-under 847 (280-282-285) to lead the field in wire-to-wire fashion at the Daniel Island Invitational in Daniel Island, South Carolina. That 54-hole score matched a program record previously set at the 2023 ICON Invitational.This tournament win is the first for NC State women's golf head coach Darby...

DANIEL ISLAND, S.C. - The NC State women's golf team earned its first win in nearly eight years, finishing at 17-under 847 (280-282-285) to lead the field in wire-to-wire fashion at the Daniel Island Invitational in Daniel Island, South Carolina. That 54-hole score matched a program record previously set at the 2023 ICON Invitational.

This tournament win is the first for NC State women's golf head coach Darby Sligh, as well as the first for the program since 2017 when the Pack won the Ocean Course Invitational.

NC State led the field after each round and pushed ahead to beat host College of Charleston by three strokes. Marie Eline Madsen led the Pack and finished in second place with an 11-under 205 (67-66-72) and Vania Simont finished with a season-low 6-under 210 (69-70-71).

Madsen was on fire this weekend with an 11-under 205, finishing at par or under in all three rounds. The Denmark native's 205 is the second lowest score in school history and a freshman 54-hole record. Madsen logged a 5-under 67 in the first round and followed that up with a 6-under 66 in the second. In the tournament, she finished with the second most birdies (16) and par 5s average (4.58) and third best par 4s average (3.83) among 75 golfers. She now has seven rounds in the 60s and 12 rounds at par or better this season.

Simont finished with a 6-under 210 (69-70-71) to finish in fifth for her first career top five finish. The Mexico City, Mexico native started out the tournament with a 3-under 69 behind four birdies and 13 pars with one just bogey. Her 2-under 70 in the second round was done behind three birdies, 14 pars and one bogey. The 69 is her fifth career round in the 60s. Simont's par 4s average (3.90) was the sixth best in the tournament field.

Lauren Olivares Leon was solid all week to finish with a 2-under 214 (72-72-70) to log 11th. Her 2-under 70 in the third round jumped her up four spots on the leaderboard, doing so behind four birdies, 12 pars and just two bogeys. She finished tied for second in par 4s (4.58) in the field. Olivares Leon now has 10 rounds at par or under and 48 in her career.

Jaclyn Kenzel had the best performance of her collegiate career, finishing with a 2-over 218 (72-74-72) to log a tie for 15th. The graduate finished with eight birdies, 37 pars, eight bogeys and a double bogey.

Caitlin Whitehead finished in a tie for 52nd with a 15-over (74-80-77) 231. She finished with four birdies, 35 pars, 13 bogeys and two double bogeys. Lea Ludwig played as an individual and wrapped up the tournament with a career-high tie for 36th place. She finished with a 7-over 223 (75-73-75), a career-low 54 hole score.

The Pack had the second best par 3s average (3.12), par 4s average (3.99) and par 5s average (4.87) with the second most birdies (49) in the field.

TEAM LEADERBOARD 1 - No. 45 NC State - 280-282-285=847 (-17) 2 - No. 48 College of Charleston - 279-286-285=850 (-14) 3 - Charlotte - 283-290-292=865 (+1) 4 - No. 37 Tennessee - 285-287-295=867 (+3) 5 - No. 47 Campbell - 294-297-283=874 (+10) 6 - Yale - 285-295-300=878 (+12) 7 - No. 46 Virginia Tech - 300-294-288=882 (+14) T8 - Oral Roberts - 302-293-298=893 (+29) T8 - James Madison - 301-299-293=893 (+29) 10 - Georgetown - 295-296-304=895 (+31) T11 - Charleston Southern - 296-295-305=896 (+32) T11 - Georgia State - 310-294-292=896 (+32) 13 - Coastal Carolina - 306-296-295=897 (+33) 14 - Eastern Michigan - 307-302-292=302 (+38)

PLAYER LEADERBOARD 2 - Marie Eline Madsen - 67-66-72=205 (-11) 5 - Vania Simont - 69-70-71=210 (-6) 11 - Lauren Olivares Leon - 72-72-70=214 (-2) T15 - Jaclyn Kenzel - 72-74-72=218 (+2) T36 - Lea Ludwig* - 75-73-75=223 (+7) T52 - Caitlin Whitehead - 74-80-77=231 (+15)

*- Competed as an individual

UPCOMING The Pack will play at the Briar's Creek Invitational at the Club at Briar's Creek in John's Island, South Carolina from March 10-11.

Camels 6th after 36 holes at Daniel Island

CHARLESTON, S.C. – Alicia Olsson is seventh individually and Campbell is tied for sixth in the team standings following Monday's first two rounds of the Daniel Island Invitational, hosted by the College of Charleston at the Daniel Island Club.No. 45 NC State (28-282—562) leads the 14-team field at 14-under par, three-shots clear of host and 48th-ranked Charleston (279-286—565) on the 6146-yard, par-72 Ral...

CHARLESTON, S.C. – Alicia Olsson is seventh individually and Campbell is tied for sixth in the team standings following Monday's first two rounds of the Daniel Island Invitational, hosted by the College of Charleston at the Daniel Island Club.

No. 45 NC State (28-282—562) leads the 14-team field at 14-under par, three-shots clear of host and 48th-ranked Charleston (279-286—565) on the 6146-yard, par-72 Ralston Creek course. No. 47 Campbell (294-297—591) is tied with Georgetown and Charleston Southern, three shots in front of No. 46 Virginia Tech heading into Tuesday's final round on the Rees Jones design.

Olsson (71-70—141) is tied for seventh at 3-under par after a day that included seven birdies, 25 pars and just four bogeys. Fellow sophomore Mira Berglund played a clean one-under 71 (1 birdie, 17 pars) in the opening round and is tied for 15th place at even par (71-73—144). Junior Isabella Hahne (74-75—149) is tied for 39th, while red-shirt junior Izabella Grimbrandt (78-80—158) is 61st and sophomore Jade Potter (84-79—163) T73rd.

Marie Madsen of NC State is the 36-hole leader at 11-under 133 (67-66). Tuesday's play begins with a 9:00 a.m. shotgun start. Live scoring will be available at Scoreboard.clippd.com.

Daniel Island Invitational Daniel Island Club – Ralston Creek Course / Charleston, S.C. Par 72, 6148 Yards / Feb. 24-25, 2025

Second Round Team Results: 1. NC State 280-282—562, 2. Charleston 279-286—565, 3. Tennessee 285-287—572, 4. Charlotte 283-290—573, 5. Yale 283-295—578, T6. Campbell 294-297—591, T6. Georgetown 295-296—591, T6. Charleston Southern 296-295—591, 9. Virginia Tech 300-294—594, 10. Oral Roberts 302-293—595, 11. James Madison 301-299—600, 12. Coastal Carolina 306-296—602, 13. Georgia State 310-294—604, 14. Eastern Michigan 307-303—610.

Second Round Individual Leaders: 1. Marie Madsen (NC State) 67-66—133, T2. Manassan Chotikabhukk (Tennessee) 67-69—136, T2. Pimchompoo Chaisilprungruang (Charlotte) 70-66—136, 4. Emma Schimpf (Charleston) 68-70—138, 5. Vania Simot (NC State) 69-70—139.

Campbell Individuals: T7. Alicia Olsson 71-70—141, T15. Mira Berglund 71-73—144, T39. Isabella Hahne 74-75—149, 61. Izabella Grimbrandt 78-80—158, T73. Jade Potter 84-79—163.

The Daniel Island News honored with 17 journalism awards

The Daniel Island News staff continues to produce quality writing, editing, design, and photography.Last week, the newspaper earned 17 journalism awards at the South Carolina Press Association’s annual 2024 news contest ceremony.The contest was judged by members of the Kentucky Press Association.First place winner Steve Ferber’s Unconventional Wisdom column won the Best of the Best Award for column writing for his “How good are you?” series. The judges said, “The columnist gives multiple pos...

The Daniel Island News staff continues to produce quality writing, editing, design, and photography.

Last week, the newspaper earned 17 journalism awards at the South Carolina Press Association’s annual 2024 news contest ceremony.

The contest was judged by members of the Kentucky Press Association.

First place winner Steve Ferber’s Unconventional Wisdom column won the Best of the Best Award for column writing for his “How good are you?” series. The judges said, “The columnist gives multiple positive lessons while also sharing warm personal anecdotes and credible sources. A useful and enjoyable reading experience.”

Photographer Peter Finger won first place in the Sports Feature Photo contest for his action photograph of professional padel athletes playing a demonstration match at the Credit One Charleston Open during last year’s Family Weekend. The judge’s comment: “Great action! Excellent photo!”

Our product is truly a team effort. We congratulate the winners and are thankful to our entire team for collaborating with and improving each other’s work on a weekly basis.

A complete list of winners is provided below.

REPORTING AWARDS:

Open Division - Innovation

Second Place: Emma Slaven

Finding inspiration in unexpected places

All Weekly Division - Health Beat Reporting

Second Place: Emma Slaven

All Weekly Division - Feature Headline Writing

Second Place: Caley Smith

All Weekly Division - Sports Beat Reporting

Third Place: Philip Bowman

All Weekly Division - Education Beat Reporting

Third Place: Emma Slaven

All Weekly Division - Sports Enterprise Reporting

Third Place - Emma Slaven

What will they say?

Column Writing

First Place and Best of the Best: Steve Ferber

Unconventional Wisdom – How good are you? series

Business Beat Reporting

Second Place: Emma Slaven

Food Writing

Third Place: Tom Werner and Suzanne Detar

Incomplete Guide to Indian Food

DESIGN AWARDS

Open Division - Mixed Media Illustration

Second Place: Jan Marvin

Boating Vibes

Inside Page Design

Second Place: Suzanne Detar

Kick it Kicks

Page One Design

Third Place: Jan Marvin

Boating Vibes

Feature Page Design

Third Place: Jan Marvin

Concert in the Park

Sports Page Design

Third Place: Jan Marvin

Football Preview

PHOTOGRAPHY AWARDS

Sports Feature Photo

First Place: Peter Finger

Professional padel players play a demonstration match at the Credit One Charleston Open during Family Weekend.

Photo Series or Photo Story

Second Place: Suzanne Detar

Scenes from the Pumpkin Walk

General News Photo

Third Place: Peter Finger

Nikki Haley supporters, young and old, line up in New Realm’s courtyard to hear from presidential candidate Nikki Haley.

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This website publishes news articles that contain copyrighted material whose use has not been specifically authorized by the copyright owner. The non-commercial use of these news articles for the purposes of local news reporting constitutes "Fair Use" of the copyrighted materials as provided for in Section 107 of the US Copyright Law.

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