Probate Lawyer in James 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 James 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 James 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 James Island, SC
Probate Lawyer James 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 James 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 James 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 James 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 James Island, SC

5 water buffaloes die from cold weather at Legare Farms on Johns Island

The recent winter weather blast has not only affected drivers but has also taken a toll on local farmers, including those at Legare Farms on Johns Island. The farm has faced significant challenges due to the sudden drop in temperatures. (WCIV)JOHNS ISLAND, S.C. (WCIV) — The recent winter weather blast has not only affected drivers but has also taken a toll on local farmers, including those at Legare Farms on Johns Island. The farm has faced significant challenges due to the sudden drop in temperatures."It was like a ...

The recent winter weather blast has not only affected drivers but has also taken a toll on local farmers, including those at Legare Farms on Johns Island. The farm has faced significant challenges due to the sudden drop in temperatures. (WCIV)

JOHNS ISLAND, S.C. (WCIV) — The recent winter weather blast has not only affected drivers but has also taken a toll on local farmers, including those at Legare Farms on Johns Island. The farm has faced significant challenges due to the sudden drop in temperatures.

"It was like a sleet," Thomas Legare, a farmer at Legare Farms, said. "I walked outside about eight o'clock to get him, bring him in the house, it was pelting you. It was hurting when it was hitting you."

Legare explained, "Between myself and my crew-- we've had to put in a lot of overtime here in the last couple of days. Feeding animals, getting ice out of water troughs, making sure everything's got feed and hay."

The cold weather has led to the loss of five water buffaloes on the farm. "All of a sudden this storm hit and temperatures dropped below freezing and I think that's what caused the fatalities in some of our buffaloes," Legare said.

READ MORE | "Dorchester roads slowly improving but black ice remains a danger, officials warn drivers"

Despite the harsh conditions, Legare emphasized the relentless nature of farming. "We're busy 365 days out of the year," he said.

The winter weather's remnants, including snow and sleet, may impact upcoming crops and have already affected the farm's workload. "Our business is down big time this week," Legare said, noting that the farm's mobile markets have been shut due to rough roads.

However, there is hope on the horizon as temperatures rise, melting some of the ice and snow. Legare Farms is preparing to celebrate 300 years of serving the Lowcountry. "I've probably seen more in my lifetime in the last 60 years than in the first 240 years we were here," Legare said.

He is preparing to start planting winter and spring vegetables soon. The impact on crops will depend on how wet the fields remain and for how long.

AmeriCorps members help James Island with drainage issues

JAMES ISLAND, S.C. (WCSC) - The Town of James Island is working with AmeriCorps volunteers for the first time to alleviate stormwater drainage issues.Town of James Island Mayor Brook Lyon says the team is working to help a neighborhood that is prone to flooding issues.“We have a lot of big rain events and the water has nowhere to go,” Lyon said.That means the potential for flooding is greater when pipes are clogged or culverts are blocked. That’s why AmeriCorps volunteers are helping out alongside Town ...

JAMES ISLAND, S.C. (WCSC) - The Town of James Island is working with AmeriCorps volunteers for the first time to alleviate stormwater drainage issues.

Town of James Island Mayor Brook Lyon says the team is working to help a neighborhood that is prone to flooding issues.

“We have a lot of big rain events and the water has nowhere to go,” Lyon said.

That means the potential for flooding is greater when pipes are clogged or culverts are blocked. That’s why AmeriCorps volunteers are helping out alongside Town of James Island staff. They dug ditches and cleared pipes so seven homes could have working stormwater drainage.

“Whenever we set up a ditch we have to set up the streamlines from one end to another to make sure that it’s even all the way down so when water does flow through it doesn’t get stuck in a certain spot,” AmeriCorps member Hazely Mckeever says.

“Getting everything cleared out and connected again hopefully allows the system as designed initially and flow all the way out to the ocean and away from all these houses,” AmeriCorps Team Leader Theo Faucher says.

Lyon says it’s been a challenge keeping up with maintenance and thanks to an AmeriCorps grant, the Town of James Island was awarded a team of AmeriCorps members who have been extremely helpful. AmeriCorps member Madeleine Ball says it’s a win-win situation.

“It’s been a huge learning experience, especially the different projects we’ve done. I’ve learned more about construction. I would never have known how to dig a ditch,” Ball said.

“Very difficult, but a lot of fun. It’s hard work but it’s good work,” AmeriCorps member Finley Carlson said.

Lyon says the hard work is greatly appreciated by the neighborhood.

“They came out in droves, they met them, they thanked them. We are so grateful for all their hard work and all they’ve done,” Lyon said.

Lyon said if you live in the neighborhood, you can help by keeping the diches and these concrete pipes clear of trash and debris. She said making sure you don’t blow leaves in them will help keep the system running smoothly. She said if you’re having drainage issues and live on the island to contact town hall.

The team is wrapping up their work on James Island. Next, they’ll be headed to Newport, Kentucky to work with the Brighton Center, a community center, with a variety of services.

Copyright 2025 WCSC. All rights reserved.

How city leaders are planning to preserve and repurpose Fort Pemberton

JAMES ISLAND, S.C. (WCSC) - Underneath the overgrowth and rubble left behind from what was once an active Confederate fort is the promise of something new.Charleston City Council discussed a contract on Tuesday with Bluetide Marine Construction, which would use $1.2 million to complete public access improvements at Fort Pemberton Park. This precedes the construction of a project several years in the making.The city purchased the roughly six-acre, Yates Avenue property in 2019 for more than $6 million. The goal was to follow a c...

JAMES ISLAND, S.C. (WCSC) - Underneath the overgrowth and rubble left behind from what was once an active Confederate fort is the promise of something new.

Charleston City Council discussed a contract on Tuesday with Bluetide Marine Construction, which would use $1.2 million to complete public access improvements at Fort Pemberton Park. This precedes the construction of a project several years in the making.

The city purchased the roughly six-acre, Yates Avenue property in 2019 for more than $6 million. The goal was to follow a city master plan of improving greenspace and waterfront access for the public good.

“If this property would’ve come up anywhere in the city limits, we would’ve tried to purchase it. It’s a very special place. Hundreds of years of history,” City Parks Director Jason Kronsberg said. “This was somewhat of a once-in-a-lifetime chance to preserve this type of property in perpetuity for the public.”

Fort Pemberton was built to be used as one of several defense systems during the American Civil War, although it never saw combat. The historic landmark is one of a few “earthwork” forts in the Lowcountry, being made mostly of mounded dirt.

Much of the fort is still distinguishable if you know what to look for, including walls and moats that once surrounded a center of defense, outlooking the Stono River from higher ground. Many history buffs know the property for its pentagonal shape.

While one can stand at the top and picture its historic integrity, the city of Charleston wants to repurpose the property into something the public can enjoy, while also preserving its past value.

“We always anticipated this as a passive park. Interpretive in nature. Two entrance points, one entrance point getting you into the middle of the old fort, another one down here the lower land,” Kronsberg said. “Passive open space, like you see behind me. Come out, throw your frisbee, kick a ball, take a walk and enjoy the sunset.”

The city plans to construct minimally on the property, simply adding a picnic shelter near the foundation of the former home, restrooms, a supply of parking spaces, small park site furnishings and revamping the old two fishing docks.

One of the docks will be intended as a kayak launch point.

The group is also discussing long-term efforts to provide better connectivity between the different county parks and connection points lining the Stono River. This would provide a “blue trail” for travelers on water to make pit stops.

The city plans to preserve the fort’s remaining structure and create signage that tells its history.

“Gives you another place to come, the view here is incredible on the Stono River, especially at sunset. It’s kind of a hidden-away spot. Riverland Terrace is the oldest subdivision on James Island and part of the city. I’d be interested to see how many people start utilizing it,” neighbor Adam Friend said.

The funding for the project includes grants from water and land conservation, greenbelt and the city’s general funds.

The property is not open to the public at this time. The city advises it is considered private property and being on-site without city permission is considered trespassing.

Copyright 2025 WCSC. All rights reserved.

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