Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in Isle of Palms, 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 Isle Of Palms, 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 Isle of Palms, 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 Isle of Palms, 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 Isle Of Palms, SC
Probate Lawyer Isle Of Palms, 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 Isle of Palms, 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 Isle of Palms, SC. With that said, a Trust is meant to hold property for your loved one's benefit. When a Trust is created, assets are transferred into the said Trust and managed accordingly. Though there is a common misconception that Trusts are reserved for the wealthy, just about any family can benefit from opening a Trust.

The most common types of Trusts used in probate include:

  • Living Trust: These trusts are opened and controlled by you while you're still living. When you pass away, the assets in the trust are distributed to the beneficiaries you choose. Typically, these trusts do not go through the probate process.
  • Testamentary Trust: These trusts are usually established after you pass away and are included in your will. These trusts must go through the probate process in South Carolina, though they allow for the distribution of property within a certain time frame.
  • Special Needs Trust: This type of trust gives financial support to your loved one if they are disabled.

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

What happens when somebody dies without a will in South Carolina?

A.

When a person passes away without a Will in South Carolina, the state decides who gets their decedent's assets. This is also called passing intestate. When this happens, usually only spouses, blood relatives, or registered domestic partners can inherit property according to intestate succession laws.

Relatives who receive the probate property of the deceased are usually chosen in the following order:

  • Living Spouse
  • Children or Grandchildren
  • Parents
  • Brothers or Sisters
  • Grandparents
  • Uncles and Aunts
  • Extended Family

If you're in need of a veteran probate lawyer in South Carolina, look no further than Cobb Hammett Law Firm. With years of experience in Estate Administration and probate cases, our team is ready to serve you with excellence and protect your interests. Have additional questions? We're here to help. Contact our office today to learn more about Estate Administration in South Carolina.

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Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!

A Caring, Confident Approach to Probate in South Carolina

Planning your estate is the first step to take if you want to protect your family, your assets, your well-being, and the fruits of your hard work.

At Cobb Hammett, LLC, our team of experienced probate lawyers in Isle of Palms, 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 Isle of Palms, SC

Wife of Isle of Palms paramedic warns staffing gaps could endanger emergency care

ISLE OF PALMS, S.C. (WCIV) — On the Isle of Palms, concerns among the community are growing over firefighter and paramedic staffing.The wife of an Isle of Palms paramedic is sounding the alarm about coverage during medical emergencies. She claims that if the city doesn't make changes soon, there could be serious consequences during emergencies when lives are on the line."We lost quite a few firefighters last year," said Danielle Murphy, whose husband has been a firefighter for more than a decade.R...

ISLE OF PALMS, S.C. (WCIV) — On the Isle of Palms, concerns among the community are growing over firefighter and paramedic staffing.

The wife of an Isle of Palms paramedic is sounding the alarm about coverage during medical emergencies. She claims that if the city doesn't make changes soon, there could be serious consequences during emergencies when lives are on the line.

"We lost quite a few firefighters last year," said Danielle Murphy, whose husband has been a firefighter for more than a decade.

READ MORE | "Continued seawall dispute on Isle of Palms raises environmental concerns."

According to her, when he joined the Isle of Palms Fire Department, his starting salary was low. She believes that pay is the reason for staffing shortages.

There are currently six firefighter-paramedics employed, according to the Isle of Palms city website.

Murphy, however, contends they are down to three and two more may be leaving soon for better-paying jobs.

"We have three paramedics left and that is for two different fire stations," she said.

Isle of Palms said it has three open paramedic positions. They could not confirm the current salary for those employees.

Murphy has asked the Isle of Palms City Council to reconsider its budget, but has not found much success, she said.

City officials declined to comment on the matter.

Paramedics are crucial in providing critical care that EMTs can't.

READ MORE | "Isle of the Palms weighing funding options to renourish beach."

There was a four-day stretch with no paramedics working at the fire department, Murphy said.

"This is dire and people can die," she said. "The council has constantly brushed this off."

Isle of Palms officials officals hope the current wage and competition will attract more firefighter-paramedics, they said.

Isle of Palms to bring back Ways and Means Committee

ISLE OF PALMS, S.C. (WCSC) — The City of Isle of Palms is bringing back one of their committees after a four-year hiatus.The committee had its last meeting in 2022, ceasing to meet again after the city restructured its committee system. The City Council introduced workshops as a replacement to go over projects and finances in an additional meeting before voting.Now, the council has asked the Ways and Means Committee to return so they can have a meeting strictly for finances.“Our codes allow us some flexibilit...

ISLE OF PALMS, S.C. (WCSC) — The City of Isle of Palms is bringing back one of their committees after a four-year hiatus.

The committee had its last meeting in 2022, ceasing to meet again after the city restructured its committee system. The City Council introduced workshops as a replacement to go over projects and finances in an additional meeting before voting.

Now, the council has asked the Ways and Means Committee to return so they can have a meeting strictly for finances.

“Our codes allow us some flexibility to rework our workshops and spend more time on the financial aspect of it as opposed to some of the projects or items needing approval,” Isle of Palms Mayor Philip Pounds said. “So, we’ll take those items for approval straight to a council meeting as opposed to stopping at a workshop and having some conversation.”

The committee would once again replace the workshops, meaning councilmembers would only see projects one time before voting.

Pounds believes the city has been successful with the workshop format, but said he received feedback from the council, who asked for a change.

Because of this, it’s coming back in April to give council more time to focus on project finances, such as drainage, beach restoration and road improvements.

“You know from a financial standpoint, we look at it every month,” Pounds said. ”We look at our results every month. We look at our cash position every month, but I’m very comfortable with where we sit from a budget in a reporting standpoint.”

The city has already started to restructure their meeting for a smooth transition.

The city hopes that adding back the Ways and Means committee could potentially streamline project financing, but they plan to continue to evaluate the process.

Isle of Palms seawall removal order sparks new legal appeals

ISLE OF PALMS, S.C. (WCSC) — A property owner on the Isle of Palms has appealed a judge’s order to remove a seawall he built, leading to new legal battles after years of controversy.All parties involved filed appeals following a Dec. 30, 2025, decision by Judge Ralph King Anderson III ordering the removal of the man-made structure as it violates state coastal protection law.The case has since been transferred to the Court of Appeals. Property owner Rom Reddy, the Coastal Conservation League, the South Carolina Envir...

ISLE OF PALMS, S.C. (WCSC) — A property owner on the Isle of Palms has appealed a judge’s order to remove a seawall he built, leading to new legal battles after years of controversy.

All parties involved filed appeals following a Dec. 30, 2025, decision by Judge Ralph King Anderson III ordering the removal of the man-made structure as it violates state coastal protection law.

The case has since been transferred to the Court of Appeals. Property owner Rom Reddy, the Coastal Conservation League, the South Carolina Environmental Law Project and the South Carolina Department of Environmental Services all submitted appeals.

Reddy also filed a motion to stay, which would allow the wall to remain in place until the Court of Appeals issues a final decision.

The seawall first sparked controversy in 2024 over erosion concerns and questions about how to properly protect homes while preserving the environment.

The original court order included a detailed timeline and corrective action requirements for removing the structure and restoring the beach. However, it declined to reinstate the $289,000 civil penalty originally assessed by the South Carolina Department of Environmental Services. Both the department and the law project are seeking that penalty in their appeals.

Lori Cary-Kothera, the chief conservation officer at the Coastal Conservation League, said in a statement that illegal seawalls offer an illusion of protection while guaranteeing long-term destruction.

“They harden one slice of shoreline at the cost of the living, dynamic beach system that actually provides natural storm protection,” Cary-Kothera said. “Enforcement of the beach regulations is critical.”

Reddy said he would not have needed to build the seawall if there had been more protection and restoration of the sand dunes when asked back in 2024.

“Our appeal is focused on ensuring that the full legal framework and evidentiary record supporting that outcome are accurately and completely addressed on review, including the Coastal Tidelands and Wetlands Act’s protections for natural beach dynamics and the enforcement authority the law provides, so that the full range of remedies necessary to protect South Carolina’s coast is preserved,” Leslie Lenhardt, the law project’s senior attorney, said.

Environmental advocacy groups say this type of seawall would only bring further erosion to beaches and go against state law. They said it also blocks public beach access.

Wreckage from sunken Civil War blockade ships off Isle of Palms create another renourishment hurdle

ISLE OF PALMS — Although two Civil War-era shipwrecks that sit a mile off the coast of the barrier island aren’t a new discovery, they present another hurdle for the city as the start date for work on a large-scale renourishment project approaches.It hasn't been smooth sailing for the Isle of Palms as the city prepares for the $32 million project.City leaders are already facing a $10 million funding gap for the work, and they hope to avoid dipping into tourism accounts to fill it.Project leaders with Coastal ...

ISLE OF PALMS — Although two Civil War-era shipwrecks that sit a mile off the coast of the barrier island aren’t a new discovery, they present another hurdle for the city as the start date for work on a large-scale renourishment project approaches.

It hasn't been smooth sailing for the Isle of Palms as the city prepares for the $32 million project.

City leaders are already facing a $10 million funding gap for the work, and they hope to avoid dipping into tourism accounts to fill it.

Project leaders with Coastal Science and Engineering, the city’s contracted firm leading the renourishment work, say they’re facing new challenges, too, with updated restrictions from the U.S. Fish and Wildlife Service around turtle and seabird nesting season that could impact when and where construction takes place.

On top of all that, the city’s coastal engineers in charge of the upcoming beach renourishment must maneuver around the wreckage sites to access the necessary 1.7 million cubic yards of sand offshore.

Shipwrecks the result of Union blockade

The wreckage is what remains of an attempt by Union powers to block Confederate ships from running the Charleston Harbor during the Civil War called the Stone Fleets.

In the early 1860s, Union forces bought dozens of former whaling and merchant ships, weighed them down with heavy stone and granite and scuttled them — sinking them intentionally in a checkerboard pattern.

James Spirek, an underwater archaeologist with the University of South Carolina’s Institute of Archaeology and Anthropology, surveyed the wreckage of the Stone Fleet in 2013.

“These obstructions were intended to frustrate the passage of blockade runners bringing war material and other sundry products from Europe and returning laden with cotton, rice and naval stores,” Spirek wrote in a 2013 survey report about the Stone Fleet.

The hope was that the scuttled ships would bolster the small number of vessels tasked with enforcing the blockade, according to reports from the Maritime Research Division at USC.

Thirteen of those vessels were sunk as part of the Second Stone Fleet, their masts stripped down and some set ablaze as they sank.

These ships were meant to block the entrance to the harbor and cut off access as ships tried to make their way through Maffitt’s Channel, the channel into the harbor near Sullivan’s Island.

The strategy was ultimately regarded as ineffective. Quick-shifting sands and strong tides destroyed many of the sunken ships.

“The ships broke apart and pieces washed ashore, a new channel supposedly scoured out, and blockade runners bypassed the obstructions with minimal diversion,” Spirek wrote in his 2013 survey report.

But some Confederate ships succumbed to the blockade and the Stone Fleet.

In 1863, a 205-foot-long Scottish-built ship called the Georgiana was spotted by the Union blockaders. The ship would have had to navigate the Second Stone Fleet while trying to quietly slip into the harbor unnoticed — an attempt that ended in Union gunfire.

The sinking of the Georgiana was reported as a “disaster” in the Charleston Mercury, the newspaper that wrote of the incident in 1863.

The captain ran the ship aground on the Isle of Palms, then called Long Island Beach, to evade capture, the paper reported. It was further destroyed by Union forces and stripped of its contents, which consisted of ammunition, rifles and battle axes.

About a year later, another blockade runner called the Mary Bowers hit the remains of the Georgiana. Sonar images show the ships are situated in the shape of an ‘X,’ with the Mary Bowers sitting on top of the Georgiana, roughly five feet below the surface at low tide.

Wreckage presents a new challenge

Today the two ships, along with remnants of the Second Stone Fleet, are also situated within an ideal borrow site for the island’s beach renourishment projects. Renourishment is completed with the use of long pipes, which take sediment from offshore and pump the material onto the beach.

The sand here is compatible with the Isle of Palms shores, and there’s plenty of it — enough to last 30 or 40 years, city council learned last summer.

The shipwrecks are valuable cultural resources and regarded as such by the State Historic Preservation Office. But their location—smack dab in the middle of a plethora of fresh sand for the deeply eroded island—means crews will need to work around them in order to dredge sand.

It’s an issue that engineers ran into while gearing up for the 2018 renourishment on the island. But additional research into the shipwrecks, and advancements of sonar imaging, have helped get a clearer picture of the wreckage.

These advances allow crews to get closer to the shipwrecks and retrieve the necessary 1.7 million cubic yards of sand offshore for the upcoming renourishment work.

“It's a cultural resource, and so we're working with (the State Historic Preservation Office) to avoid those areas. Previously ... that whole area was off limits,” Patrick Barrineau, a coastal science with CSE, told city council last summer. “It frees us up from a lot of previous restrictions that we've experienced off IOP.”

Project leaders anticipate work could start on June 1 or earlier, with construction ending in the winter.

In this timeframe, the city will more than likely have to juggle the beach-wide construction while managing peak tourist season — another hoop for the Isle of Palms to jump through as the island tries to recover from widespread erosion.

Isle of Palms planning $30 million beach renourishment project

ISLE OF PALMS, S.C. (WCSC) — Isle of Palms is planning a beach renourishment project to fight worsening erosion, which is estimated to be more than $30 million.City leaders say the plan is to dredge sand from offshore and pump it back onto the beach.“We’ll go 3 to 4 miles offshore and pump sand back to the island,” Mayor Phillip Pounds said.The city plans to place more than two million cubic yards of sand, focused on the Wild Dunes area and Breach Inlet.In recent years, erosion has affected...

ISLE OF PALMS, S.C. (WCSC) — Isle of Palms is planning a beach renourishment project to fight worsening erosion, which is estimated to be more than $30 million.

City leaders say the plan is to dredge sand from offshore and pump it back onto the beach.

“We’ll go 3 to 4 miles offshore and pump sand back to the island,” Mayor Phillip Pounds said.

The city plans to place more than two million cubic yards of sand, focused on the Wild Dunes area and Breach Inlet.

In recent years, erosion has affected more than beachgoers. Residents say it’s threatening oceanfront homes.

“In this corner here, a breach inlet is, I think, seen at the worst, the erosion,” said John Chiappardi, a resident of Isle of Palms. “I’ve seen swimming pools go into the ocean. I mean, I think there’s lost eight pools or something to that effect.”

For now, sandbags have been used in emergencies, but officials say those have been taken over during high tides.

“Tides have come over the sandbags in some areas, particularly in the Wild Dunes area,” Pounds said.

The last beach renourishment project was in 2018 and helped with the problem temporarily.

“It lasted, you know, pretty good for six years. We had been planning to do it in 2028, but we moved it up two years,” Pounds said.

Some residents want a more permanent fix.

“It’s correcting the problem, but we don’t know if it’s temporary or permanently,” Chiappardi said.

But that is not up to the city, but instead the state’s legislature.

“You know, in South Carolina, you’re limited by what you can do on the beach, certainly the public beach,” Pounds said.

Hard erosion walls are one of the structures that could help the problem, but aren’t allowed.

This project is estimated to start around the summer of this year.

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