Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in James Island, SC?

When someone passes away, their assets have to be distributed according to South Carolina state laws and the directions in their Will. Your probate lawyer will be a significant source of help in this regard, as they will guide an executor of a Will or Beneficiaries of an estate through the often-confusing probate process. From identifying notating estate assets to distributing inheritances, your probate attorney is a crucial partner during this difficult time in your life.

At Cobb Hammett, our probate attorneys understand that when a client's loved one dies, they need a caring presence by their side. But they also need a confident source of knowledge that can act on their behalf as they grieve. That's why, given the complex nature of probate law, it's a good idea to have a trusted attorney on call who can settle an estate and handle the nuanced issues that arise in probate court.

  • Walk You Through the Aspects of Your Probate Case
  • Prepare and File All Necessary Paperwork by the Mandated Deadlines
  • Help You Stay Abreast of Requirements and Responsibilities
  • Identify Estate Assets
  • Help Pay Debts and Bills
  • Transfer Assets to the Appropriate Parties
  • Assist with Estate Disputes
  • Resolve Income Tax Issues
  • Advise You of Your Rights
  • Remain Prepared and Organized to Help Reduce Your Stress

Administering a decedent's estate can be a long, arduous process. That's especially true if disputes are involved with Beneficiaries. When you consider the chances of being held liable for decisions you make as a Personal Representative of an Estate, working with a probate lawyer from Cobb Hammett Law Firm just makes good sense.

Probate Lawyer 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.

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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 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

Popular Folly Beach restaurant opens all-day breakfast spot. Here’s where to find it.

JAMES ISLAND — Coffee, biscuits and bulgogi cheesesteak.That’s the spread at Trading Post, the new James Island café from the team behind Folly Beach’s popular Jack of Cups Saloon.They’re bringing their signature globally inspired menu to a café format and introducing something new for the team: breakfast all day.The menu includes buttermilk biscuits with butter and jam, classic egg-and-cheese biscuits and a larger “All Day Breakfast Situation” menu item featuring two egg...

JAMES ISLAND — Coffee, biscuits and bulgogi cheesesteak.

That’s the spread at Trading Post, the new James Island café from the team behind Folly Beach’s popular Jack of Cups Saloon.

They’re bringing their signature globally inspired menu to a café format and introducing something new for the team: breakfast all day.

The menu includes buttermilk biscuits with butter and jam, classic egg-and-cheese biscuits and a larger “All Day Breakfast Situation” menu item featuring two eggs, cheese, tomato, whipped potatoes and maple mayo all on a jumbo biscuit.

Fans of Jack of Cups Saloon’s rotating lunch and dinner menu will spot familiar soups, sandwiches and stews, such as the Thai ginger peanut soup, potato popcorn soup and the tamari-ginger cucumber salad.

First announced in 2023, Trading Post officially opened its doors at 8 a.m. on Dec. 5 in the Walgreens-anchored Shoppes of Folly shopping center, located on James Island at 915 Folly Rd.

Like the unique menu at its Folly Beach flagship, the James Island outpost will routinely roll out rotating “fun, unique bites” in a counter-service format, co-owner Lesley Carroll said.

Current lunch options include the vegetarian-friendly harissa garbanzo burger and heartier bulgogi cheesesteak made with sirloin and topped with spicy Korean BBQ sauce and queso blanco.

During the soft-opening phase, Trading Post will operate from 8 a.m.– 3 p.m. with a smaller menu while the owners await a beer and wine permit. Once approved, hours will extend to 8 p.m.

The current beverage menu includes coffee with house-made syrups, seltzers and lemonades.

Trading Post took over the former Odyssey Greek Restaurant, where it sat vacant for a decade and needed a full renovation, Carroll said.

Customers are now greeted by a blue-tiled pastry case and counter in front of deep blue walls with plenty of plants along the counter and shelves. There is bar seating with leather stools, tall community tables and high booths inside the eclectic, cozy interior.

“The name Trading Post came from thinking about places where people meet and gather — inspired by travel,” Carroll said. “Jack of Cups has been a destination at the beach and now we get to be part of the neighborhood here on James Island, where we live.”

The eatery isn’t the team’s first foray into quick-service breakfast on James Island. Carroll said Jack of Cups BeBop, a location inside a permanent food truck at The Pour House Charleston, has been serving breakfast on the weekends.

Jack of Cups Saloon also hosts occasional brunch events throughout the year.

Trading Post now gives the team a dedicated space for everyday morning fare.

The Shoppes of Folly shopping center has long been a food destination on James Island with global cuisine, despite being located behind a Sonic fast-food restaurant. Thai Elephants restaurant has operated in the center for 10 years.

In October, 27-year-old Italian restaurant Mondo’s opened an expanded dining room and announced it was adding pizza to the menu for the first time.

Football Recap: James Island's Win on Friday Extends Winning Streak to Five + How To Watch

With a playoff win on the line, James Island rose to the challenge on Friday. They came out on top against the Sumter Gamecocks by a score of 42-35. The victory almost wasn't to be: the Trojans were down 28-14 in the second quarter. Connor Dantzler had another great game (as he tends to do), throwing for 265 yards and four touchdowns, while also rushing for 60 yards and a pair of TDs. He has been hot, having posted three or more passing touchdowns the last five times he's played. Raphael Puiu did his part for the team as well, scorin...

With a playoff win on the line, James Island rose to the challenge on Friday. They came out on top against the Sumter Gamecocks by a score of 42-35. The victory almost wasn't to be: the Trojans were down 28-14 in the second quarter.

Connor Dantzler had another great game (as he tends to do), throwing for 265 yards and four touchdowns, while also rushing for 60 yards and a pair of TDs. He has been hot, having posted three or more passing touchdowns the last five times he's played. Raphael Puiu did his part for the team as well, scoring a TD off of 121 receiving yards.

When it comes to explaining why Sumter lost, don't look at Franklin Richardson. Despite the final result, he rushed for 236 yards and a pair of scores while picking up 12.4 yards per carry.

11/14/25 @ Sumter42-35
11/07/25 vs Wando48-0
10/30/25 vs Stall55-0
10/24/25 vs Ashley Ridge28-21
10/17/25 vs Fort Dorchester48-7

The win (which was James Island's fifth in a row) raised their record to 11-1. Those victories came thanks in part to their offensive performance across that stretch, as they averaged 44.2 points over those games. As for Sumter, the defeat snapped their winning streak at eight games and leaves them with a 9-2 record.

Looking ahead, James Island will head out on the road to square off against Stratford at 7:30 p.m. on Friday. The Trojans will need to watch out since the Knights have now posted at least 31 points in their last four matchups. Sumter does not have any more games scheduled as of now.

Dollar Tree set to open second James Island store

CHARLESTON — Bargain hunters on James Island will soon have a new spot to score deals as Dollar Tree adds a second location this week.The store will open its doors on Dec. 4 at 856 Folly Road, according to manager Jim Ruquet.It’s the latest tenant to join the shopping center near Camp and Folly roads, anchored by an Aldi grocery store that opened last October, and Planet Fitness which opened in 2022 in the space previously occupied by a Bi-Lo supermarket.Already, aisles are stocked with home goods, kitchen es...

CHARLESTON — Bargain hunters on James Island will soon have a new spot to score deals as Dollar Tree adds a second location this week.

The store will open its doors on Dec. 4 at 856 Folly Road, according to manager Jim Ruquet.

It’s the latest tenant to join the shopping center near Camp and Folly roads, anchored by an Aldi grocery store that opened last October, and Planet Fitness which opened in 2022 in the space previously occupied by a Bi-Lo supermarket.

Already, aisles are stocked with home goods, kitchen essentials, party supplies, and a cooler along the back wall for refrigerated items. “Now Hiring” signs with QR codes for applicants are posted on the doors.

The Dollar Tree joins the company’s other location at 1291 Folly Road, in the Food Lion-anchored Island Plaza. It location will remain open, according to store manager Rich Granville.

The Chesapeake, Vi.-based retailer, which operates about 9,000 stores throughout the U.S. and Canada, including 195 in South Carolina, has been opening more stores in the Lowcountry.

In October, Dollar Tree opened its second West Ashley location in October, nine months after it opened on Orleans Road, across from Citadel Mall.

In March, the chain announced it was divesting its Family Dollar business, selling it to Brigade Capital Management and Macellum Capital Management for $1 billion.

The sale was finalized in July, with net proceeds from the sale estimated to total approximately $800 million, according to the the company.

Mike Creedon, Dollar Tree’s chief executive officer, told investors Oct. 15 that more than 1,100 new stores had opened nationwide since 2023, capturing a budget-conscious market as customers are “looking to recover from highest inflation in decades.”

According to the company, 85 percent of products at Dollar Tree cost $2 or less.

36th annual Holiday Festival of Lights opens at James Island County Park

JAMES ISLAND, S.C. (WCIV) — One of Charleston County Parks' most anticipated events of the year is back for the holiday season.The 36th annual Holiday Festival of Lights opened at James Island County Park on Friday, Nov. 14."It's one of the most popular holiday attractions here in the Lowcountry," said Sarah Reynolds, the public information coordinator for Charleston County Parks. "The Holiday Festival of Lights is a three-mile drive through over 750 light displays and an estimated 2 million lights."...

JAMES ISLAND, S.C. (WCIV) — One of Charleston County Parks' most anticipated events of the year is back for the holiday season.

The 36th annual Holiday Festival of Lights opened at James Island County Park on Friday, Nov. 14.

"It's one of the most popular holiday attractions here in the Lowcountry," said Sarah Reynolds, the public information coordinator for Charleston County Parks. "The Holiday Festival of Lights is a three-mile drive through over 750 light displays and an estimated 2 million lights."

Visitors can expect to see their favorite light displays, and new additions.

"We always have a little something new in the lights every year, so you'll have to come out and see what's new," said Reynolds.

New for this year? A New Year's Eve fireworks display on Dec. 31 at 8 p.m.

In addition to the drive of fantastical lights, visitors are also encouraged to park the car and head over to Santa's Village.

"We have gift shops. There's a sweet shop. Santa is here every night through December 23rd. We have special entertainment and live music on other nights. And so there's really so much more to do and see. There's a carousel, a festival train," said Reynolds. The village also features food vendors, s'mores, and a rock-climbing wall.

In addition to Santa Claus, the Grinch also stopped by for opening night to promote 'How the Grinch Stole Christmas the Musical' at the North Charleston Performing Arts Center.

Charleston County Parks encourages visitors to the Holiday Festival of Lights to buy tickets in advance, and to take advantage of discount-pricing days.

"We have over 200,000 people typically each year that come to the Holiday Festival of Lights. So that's a lot. And I think it's around 60,000 cars," said Reynolds.

The Holiday Festival of Lights is open every night at 871 Riverland Drive, from 5:30pm to 10pm through Dec. 31, 2025.

High school football: Final scores from this week’s SC playoff games

It is Week 3 of the SCHSL and SCISA high school football playoffs.Class 5A Division IUpper StateDutch Fork 21, Byrnes 0Dorman 35, Ridge View 14Lower StateSummerville 29, Carolina Forest 28James Island 45, Stratford 42Nov. 28Upper State(2) Dorman at (1) Dutch ForkLower State(6) James Island at (5) SummervilleClass 5A Division IIUpper StateNorthwestern 52, Gaffney 45Indian Land 43, TL Han...

It is Week 3 of the SCHSL and SCISA high school football playoffs.

Class 5A Division I

Upper State

Dutch Fork 21, Byrnes 0

Dorman 35, Ridge View 14

Lower State

Summerville 29, Carolina Forest 28

James Island 45, Stratford 42

Nov. 28

Upper State

(2) Dorman at (1) Dutch Fork

Lower State

(6) James Island at (5) Summerville

Class 5A Division II

Upper State

Northwestern 52, Gaffney 45

Indian Land 43, TL Hanna 41

Lower State

Irmo 28, White Knoll 14

Berkeley 61, Myrtle Beach 13

Nov. 28

Upper State

(3) Indian Land at (1) Northwestern

Lower State

(2) Berkeley at (1) Irmo

Class 4A

Upper State

South Pointe 56, AC Flora 14

Westside 24, Camden 21

Lower State

South Florence 49, North Augusta 14

Gray Collegiate 31, Hilton Head Island 28

Nov. 28

Upper State

(3) Westside at (1) South Pointe

Lower State

(3) Gray Collegiate at (1) South Florence

Class 3A

Upper State

Powdersville 52, Mountain View Prep 30

Belton-Honea Path 13, Woodruff 3

Lower State

Oceanside Collegiate 42, Dillon 0

Loris 51, Newberry 21

Nov. 28

Upper State

(3) Belton-Honea Path at (1) Powdersville

Lower State

(3) Loris at (1) Oceanside Collegiate

Class 2A

Upper State

Fairfield Central 42, Clinton 7

Strom Thurmond 31, Chester 8

Lower State

Hampton County 56, Manning 6

Central 57, Philip Simmons 47

Nov. 28

Upper State

Fairfield Central at Strom Thurmond

Lower State

Central at Hampton County

Class A

Upper State

Lewisville 42, CA Johnson 14

Lamar 44, Hunter-Kinard Tyler 22

Lower State

Cross 42, Johnsonville 14

Bamberg-Ehrhardt 48, Carvers Bay 20

Nov. 28

Upper State

Lewisville at Lamar

Lower State

Cross at Bamberg-Ehrhardt

SCISA Championships

Friday

8-Man: WW King 50, Laurens Academy 36

Class 4A: Northwood 61, Heathwood Hall 7

Saturday

Class 2A: Bethesda 54, Pee Dee Academy 15

Class A: Colleton Prep vs. Williamsburg Academy, 3:30 p.m. (at SC State)

Class 3A: Wilson Hall vs. Pinewood Prep, 7:30 p.m. (at SC State)

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