Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in Glendale, 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 Glendale, 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 Glendale, 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 Glendale, 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 Glendale, SC
Probate Lawyer Glendale, 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 Glendale, 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 Glendale, 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 Glendale, 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 Glendale, SC

Spartanburg County Council approves funding for SPACE Glendale park project

Spartanburg Area Conservancy (SPACE) is one step closer to its goal of preserving over 1,000 acres in Glendale.Spartanburg County Council unanimously voted April 15 to approve a resolution giving $2 million from the Spartanburg County Public Access Land Bank to the project.If SPACE succeeds in acquiring the property, approximately 945-acres to the east of their Glendale Shoals and Glendale Mill properties, it will be leased and managed by Spartanburg County Parks and Recreation for 100 years and protected by a SPACE conservatio...

Spartanburg Area Conservancy (SPACE) is one step closer to its goal of preserving over 1,000 acres in Glendale.

Spartanburg County Council unanimously voted April 15 to approve a resolution giving $2 million from the Spartanburg County Public Access Land Bank to the project.

If SPACE succeeds in acquiring the property, approximately 945-acres to the east of their Glendale Shoals and Glendale Mill properties, it will be leased and managed by Spartanburg County Parks and Recreation for 100 years and protected by a SPACE conservation easement.

"The easement that will be reviewed not only by the state, but by the county as well to make sure that it meets everybody's goals, and the language within that easement will have allowances for the creation of infrastructure for passive recreation," SPACE Executive Director Sam Parrott told council members. "Welcome centers, parking lots trails, bathrooms, the facilities that anybody would need to be able to use this space well for recreation."

County Council Chairman Manning Lynch called the project a "tremendous opportunity."

"The way this fits into our overall program for outside linear parks, which are our trail systems, this is right in the middle of what will soon be the Country Club Road corridor addition to the Mary Black Rail Trail, and it will eventually end up in Clifton in one direction," Lynch said. "So, this is just an exciting piece in that whole puzzle. A great opportunity, a generational opportunity."

One vote left to fund the park

The SC Conservation Bank voted to give $3 million towards the purchase last month, so Spartanburg County Council's decision brings space to approximately $5 million towards the $25 million purchase price for the land.

SPACE has requested $20 million from the South Carolina Office of Resilience, which was founded to help mitigate future risk of flooding in the state. That vote is set for May. Closing on the property is tentatively scheduled for June, pending a favorable vote.

Acquiring the property for a green space park would be a significant win for conservation in Spartanburg County, according to SPACE Board of Trustees President Laura Stille.

"Spartanburg is now the eighth fastest growing metro area in the nation, according to US census data. Additionally, Spartanburg County has one of the lowest percentages of protected lands in the state of South Carolina at 2.6 of our total acreage, this ranks us 42nd out of South Carolina's 46 counties. This proposed project will increase the percentage of protected lands by 8%," Stille said.

While the acquisition is not anticipated to change that ranking, Stille noted, "Protecting this property forever, helps ensure that future generations — my children, my grandchildren — hopefully, know the Spartanburg that we love today and want to return to live here one day."

Samantha Swann covers city news, development and culture in Spartanburg. She is a University of South Carolina Upstate and Greenville Technical College alumna. Contact her at or on Instagram at @sam_on_spartanburg.

SPACE has sights on Glendale property for county park; land acquisition, funding in progress

A Spartanburg conservation group is eyeing close to 1,000 acres in Glendale for a public green space park.Spartanburg Area Conservancy (SPACE) has plans to purchase a 945-acre tract of undeveloped land east of Glendale Shoals and Glendale Mill properties. They are working to acquire funding for the $25 million purchase.If acquired, the property would be owned by the state, leased and managed by Spartanburg County Parks and Recreation, and protected from development with a SPACE conservation easement.For SPACE Executive D...

A Spartanburg conservation group is eyeing close to 1,000 acres in Glendale for a public green space park.

Spartanburg Area Conservancy (SPACE) has plans to purchase a 945-acre tract of undeveloped land east of Glendale Shoals and Glendale Mill properties. They are working to acquire funding for the $25 million purchase.

If acquired, the property would be owned by the state, leased and managed by Spartanburg County Parks and Recreation, and protected from development with a SPACE conservation easement.

For SPACE Executive Director Sam Parrott, the opportunity comes with some urgency because, from a conservation perspective, keeping the land as natural as possible would be helpful in the prevention of future flooding from Lawsons Fork Creek.

“With the rate of development in Spartanburg, this is our last chance to protect and create a publicly accessible greenspace of this size so close to town,” Parrott said. “We’re extremely fortunate to have this opportunity."

In March, the SC Conservation Bank voted to give $3 million towards the purchase.

In addition to the funding from SC Conservation Bank, SPACE is seeking about $2 million from Spartanburg County and has requested $20 million from the South Carolina Office of Resilience, which was founded to help mitigate future risk of flooding in the state.

Closing on the property is tentatively scheduled for June. Funding requests made to Spartanburg County Council and the SC Office of Resilience are set to be voted on in April and May, respectively.

“We still need a lot of things to go right in order to purchase this stunning property,” Parrott said. “To date, this project has received wonderful support locally and statewide. Our community’s quality of life is tied directly to the presence of, and access to, greenspaces. We’re all hopeful that we’ll be able to celebrate this as a win for local conservation and the citizens of Spartanburg County and the State of South Carolina.”

County leaders consider the creation of a park as a way to increase the quality of life for Spartanburg residents. Ideas for the park include amenities such as walking and biking trails and picnic areas.

“It helps define who we are, we’re about quality of place and quality of life,” County Councilman David Britt said. “We’ve been planning for something like this for several years, putting money into our conservation bank account, saving money to do something like this.”

If approved, it will be the first project funded by the county's conservation fund.

“It’s not often that you have the ability to preserve 1,000 acres in the county,” Britt said. “This is our Central Park in Spartanburg County … it’s one of the most beautiful properties in Spartanburg County. We want to keep it natural where people can just go out and enjoy nature.”

Samantha Swann covers city news, development and culture in Spartanburg. She is a University of South Carolina Upstate and Greenville Technical College alumna. Contact her at or on Instagram at @sam_on_spartanburg.

Drivers face 10-mile detour with closure of Clifton Glendale bridge. Here's what to know.

Structural repairs are planned for a Spartanburg County bridge that has been closed since March, according to the S.C. Department of Transportation.SC DOT spokesman Robert Kudelka said the Clifton Glendale Road bridge over the Pacolet River at Clifton Mill 2 was closed for repairs following a routine underwater inspection. A maintenance engineer said there was corrosion on steel piles in the water that support the bridge.Work has not yet started, but Kudelka said there is "an emergency procurement process" underway to...

Structural repairs are planned for a Spartanburg County bridge that has been closed since March, according to the S.C. Department of Transportation.

SC DOT spokesman Robert Kudelka said the Clifton Glendale Road bridge over the Pacolet River at Clifton Mill 2 was closed for repairs following a routine underwater inspection. A maintenance engineer said there was corrosion on steel piles in the water that support the bridge.

Work has not yet started, but Kudelka said there is "an emergency procurement process" underway to speed up repairs.

"In the next couple of weeks, DOT should be able to provide a time frame for reopening," Kudelka said Monday.

The bridge has a 48-ton weight limit and carries an estimated 1,250 vehicles a day when open.

According to the Spartanburg Area Transportation Study (SPATS), the bridge is scheduled to be replaced next year at a cost of $6.5 million.

Meanwhile, a nearly 10-mile detour is in place directing motorists to use the U.S. Highway 29 bridge to cross the Pacolet River.

Long detour for eastern Spartanburg County drivers

Resident Bill Swofford of Clifton said he hopes the bridge reopens soon. He said he and his neighbors regularly used the bridge.

"This is a major detour for people like me living in the eastern part of Spartanburg County," he said. "It's supposed to be a three-month project, but they're still looking for funding and haven't awarded it yet."

Swofford, a 60-year-old mechanical engineer, said he has had to drive to U.S. Highway 29 near the former Converse Mill to cross that bridge to visit his brother.

There is a bridge over the river at Clifton Mill 1, but he said the roads around it are narrow and in bad shape.

"We all understand the bridge was closed for our safety, but we all expect to see people working on the problem," Swofford said.

Bridge near mill redevelopment

The bridge is near the site of a major redevelopment project at the former Clifton Mill 2.

In November, Greenville developer M Peters Group announced a $60 million project to redevelop the 30-acre former mill site along Clifton Glendale Road.

The project will include a 239-unit multi-family residential development with studios, 1, 2 and 3-bedroom apartments, all with views of the Pacolet River.

The project will also include 7,000 square feet of commercial space with plans to include a riverfront restaurant and a place for kayak rentals.

Clifton Park, including the Clifton Beach area, will undergo improvements. M Peters Group will build bathhouses and picnic shelters for beachgoers and improve a small playground area at the park.

Play. Advocate. Live Well! (PAL) is also participating in the project by expanding the Daniel Morgan Trail System with an additional 4.1-mile connector between Glendale and Clifton. The county and M Peters Group will partner to provide a pedestrian bridge across the river to connect to the trail.

Clifton Mill No. 2 was built in 1888 as a part of Clifton Manufacturing Company, founded by Dexter Edgar Converse in 1880. Converse also was co-founder and namesake of Converse College.

The mill was damaged in 1903 after the flooding of the Pacolet River but was rebuilt and expanded in the 1950s. The mill operated in some capacity into the 1990s. After 124 years, the mill was demolished in 2012.

Contact Bob Montgomery at [email protected]. Please support our coverage of Spartanburg County with a digital subscription.

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