Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in Kiawah 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 Kiawah 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 Kiawah 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 Kiawah 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.

lm-head-start

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.

lm-head-start

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 Kiawah Island, SC
Probate Lawyer Kiawah 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
lm-head-start

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 Kiawah 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.

rm-widget-icon.png

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 Kiawah 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.

Legal Consultation

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 Kiawah 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.

Contact Us

phone-number 843-936-6680

Latest News in Kiawah Island, SC

The 28 Best Things To Do In Beaufort, South Carolina

There's a moment at Hunting Island State Park as you're biking along the Lagoon Trail—ocean breezes and intoxicating beach vistas playing peekaboo to your left—when the sandy path turns inland and a sign points to Diamondback Rattlesnake Trail. A good idea? Yes."Yes," it turns out, sums up the best way to experience Beaufort, South Carolina, and its environs, including Hunting Island. Yes, the path less taken is an excellent idea, as is the sweet tea at Blackstone's Cafe. Spending hours strolling through The Old ...

There's a moment at Hunting Island State Park as you're biking along the Lagoon Trail—ocean breezes and intoxicating beach vistas playing peekaboo to your left—when the sandy path turns inland and a sign points to Diamondback Rattlesnake Trail. A good idea? Yes.

"Yes," it turns out, sums up the best way to experience Beaufort, South Carolina, and its environs, including Hunting Island. Yes, the path less taken is an excellent idea, as is the sweet tea at Blackstone's Cafe. Spending hours strolling through The Old Point and gazing at historic homes and even older live oaks offers endless enchantment. But with my eyes peeled for rattlers, I was (yes) relieved that the only serpentine thing I discovered was more of the winding trail along old dune ridgelines through a primordial wonderland.

Ahead, the best things to do in Beaufort, South Carolina, from local shopping to exploring the restaurant scene to appreciating the area's subdued beauty.

Visit Hunting Island

The trail affirms why Hunting Island, a breathtaking 25-minute drive from Beaufort, is South Carolina's most popular state park. With a dozen similar paths and 5 miles of pristine beach, this place leads you back eons in time through an untouched maritime forest with towering pines and ospreys soaring overhead as well as magnolias and saw palmettos tangled with yaupon hollies and wax myrtles in the dense understory. Here you breathe deeper and look more closely. Life slows down, and a sense of awe percolates up.

Take In The Scenery At Waterfront Park

Take a seat on one of the bench swings at Beaufort's Waterfront Park. Wide and welcoming, they move back and forth in a rhythmic lullaby. You can't help relaxing, especially if you happen to catch a sunset or tune into the soft lapping of the Beaufort River against the floating dock, hearing the jingling clink of pulleys against sailboat masts—a mariner's wind chime.

Credit: Peter Frank Edwards A slice of the sweet life from Beaufort’s upscale Saltus River Grill. Credit: Peter Frank Edwards

Waterfront Park showcases the smart civic planning that makes Beaufort such a delight: The town's best vistas are protected and preserved. There are thoughtful amenities (parking, public bathrooms, an amphitheater, picnic tables, and plenty of green lawn for kids and dogs to play on). Plus it's all conveniently adjacent to an enticing array of restaurants, coffee shops, and stores along Bay Street. What better nightcap than to sit and swing a spell after enjoying grilled scallops or top-notch sushi at Saltus River Grill?

Appreciate Beaufort's Subdued Beauty

Beaufort is subdued in the best possible way. She has the same deep history and stunning architecture that her nearby sisters, Charleston and Savannah, are celebrated for, but she's fine staying slightly out of the limelight. Wise and mature, Beaufort wears her age like the badge of honor it is. Her Lowcountry aura feels elemental, with more patina and less pomp. Along Short Street at the edge of The Old Point, moss-heaped limbs cradle historic mansions. Beaufort's treescape shouts of grandeur in whatever language oaks speak. Gardens and yards aren't so much manicured as they are magical. It's easy to see why Hollywood frequently comes calling (a stairwell at The Beaufort Inn features posters from major motion pictures filmed here). Longtime resident Pat Conroy was so smitten that he wrote, "When I came to Beaufort I had struck upon a land so beautiful I had to hunt for other words."

Learn About Beaufort's History

Not far from Short Street, the First African Baptist Church, a Gothic Revival gem built by freedmen in 1865, bears witness to Beaufort's African American, Gullah, and Reconstruction-era history. "Robert Smalls was a member here. This document notes his Sunday school attendance and that he put a few cents in the offering plate," says the Rev. Alexander McBride, a jovial former marine and the church's pastor of almost 20 years, pointing to framed, yellowing pages hanging behind the sanctuary. A statue of Smalls, an enslaved crewman who heroically commandeered a Confederate ship and later served as a U.S. Congressman, is less than a mile away at Tabernacle Baptist Church, where a monument to Harriet Tubman is also planned.

Join Tabernacle Baptist Church for Worship at 10:00 a.m. on Sundays and for a prayer meeting and Bible study at 6:00 p.m. on Wednesdays.

Both churches are worthy stops, along with the Penn Center, the first Southern school for formerly enslaved people, across the bridge on St. Helena Island. Each place gives a deeper insight into the region's vibrant and enduring African American and Gullah Geechee culture.

Providing an overview of Beaufort's past, Capt. Henry Brandt of Coastal Expeditions offers a boat tour that cruises through the area's Native American, Spanish, and French history; Union occupation; and a view of Camp Saxton's tabby ruins, where the Emancipation Proclamation was first read in South Carolina—all interspersed with musings on estuary ecosystems and the fecund marvels of pluff mud.

"You don't fully experience Beaufort until you see it from the water," Brandt claims. After watching dolphins curl and glide from the boat's bow and admiring the town's steeples rising in the background, I absolutely believe him.

tabernacle1863.org; 901 Craven Street, Beaufort, South Carolina 29901penncenter.com; 16 Penn Center Circle East, St. Helena Island, South Carolina 29920coastalexpeditions.com

Where To Stay

Anchorage 1770 Boutique hotel in an 18th-century mansion with fine dining at the Ribaut Social Club ; 1103 Bay Street, Beaufort, South Carolina 29902

The Beaufort Inn Historic main inn plus several cottages clustered around a courtyard beaufortinn.com; 809 Port Republic St, Beaufort, South Carolina 29902

Rhett House Inn Historic Greek revival mansion that's been a favorite of movie stars rhetthouseinn.com; 1009 Craven St, Beaufort, South Carolina 29902

What To Eat And Drink

Blackstone's Café Classic diner-like options blackstonescafe.com; 205 Scott Street, Beaufort, South Carolina 29902

Red Rooster Cafe Extensive breakfast menu, whether you like it country, continental, Lowcountry, or Tex Mex facebook.com; 2045 Boundary Street, Beaufort, South Carolina, 29901

Lowcountry Produce Kitchen Locally sourced salads and sandwiches and a legendary tomato pie lowcountryproduce.com; 302 Carteret St, Beaufort, South Carolina 29902

Chapman's Grocer Grab-and-go items plus beer, wine, and snacksinstagram.com/chapmans_grocer_beaufort; 208 West St, Beaufort, South Carolina 29902

Plums Waterfront dining featuring soups, salads, and sandwiches plumsrestaurant.com; 904 Bay Street, Beaufort, South Carolina 29902

Saltus River Grill Fine dining with fresh local seafood, Southern fare, steaks, sushi, and a well-curated wine list ; 802 Bay Street, Beaufort, South Carolina 29902

Old Bull Tavern Gastropub featuring a lively bar scene and a lamb shank that does not disappoint oldbulltavern.com; 205 West Street, Beaufort, South Carolina 29902

Breakwater Restaurant and Bar Seafood, steaks, and seasonal dishes with Southern flair breakwatersc.com; 203 Carteret Street, Beaufort, South Carolina 29902

Paninis on the Waterfront Stone-baked pizzas, paninis, seafood, and pastas paninisonthewaterfront.com; 926 Bay Street, Beaufort, South Carolina 29902

Wren Bistro & BarModern-American food with low country hospitalitywrenbeaufort.com; 210 Carteret St., Beaufort, SC 29902

Where To Shop

Cabana22 Coastal-chic boutique cabana22.com; 819 Bay Street, Beaufort, South Carolina 29902

The Chocolate Tree Confections such as fudge, truffles, and peanut brittle facebook.com; 507 Carteret Street, Beaufort, South Carolina 29902

The Beaufort Candy Shop Classic candies and sweet treats of every kind; 103 West Street Extension, Beaufort, South Carolina 29906

Lisa Rivers Fine Art Gullah-inspired art, prints, and gifts lisariversart.com; 917c Bay Street, Beaufort, South Carolina 29902

Cassandra Gillens Art / Gullah Art in De Woods Paintings, posters, and gifts; 711 Bladen Street, Beaufort, South Carolina 29906

Good Aura Sustainable clothing and jewelry boutique shopgoodaura.com; 221 West Street, Beaufort, South Carolina 29902

Monkey's Uncle Toys, fun, and games for children of all ages monkeysuncletoys.com; 909 Bay Street, Beaufort, South Carolina 29902

What To Do

Hunting Island; St. Phillips Island; southcarolinaparks.comPat Conroy Literary Center; Coastal Expeditions; Reconstruction Era National Historic Park; nps.gov/reerSpanish Moss Trail; Craven Street en route to The Old Point to explore historic neighborhoods

Elevated Experiences on the Horizon: Kiawah Island Golf Resort, South Carolina

Condé Nast Traveler editorial staff were not involved with the creation of this content.Before the island awakens, the gentle roar of the Atlantic Ocean steadies its harmony along the shoreline. The rustle of pampas grass drifts through the air, blending seamlessly with the cool serenity of the misty ocean breeze. Sunlight quietly warms the world-class fairways and meandering waterways, while ospreys eye up the salt marshes, anticipating their morning catch.This is Kiawah Island at its most intimate. A paradise where the...

Condé Nast Traveler editorial staff were not involved with the creation of this content.

Before the island awakens, the gentle roar of the Atlantic Ocean steadies its harmony along the shoreline. The rustle of pampas grass drifts through the air, blending seamlessly with the cool serenity of the misty ocean breeze. Sunlight quietly warms the world-class fairways and meandering waterways, while ospreys eye up the salt marshes, anticipating their morning catch.

This is Kiawah Island at its most intimate. A paradise where the day begins not with noise, but with possibility.

Approximately 21 miles from Charleston, the unspoiled, private island is where nature, sport, and luxury intertwine. Experiences range from spa treatments, tennis, fine dining, and pickleball to naturalist tours, kayaking, and championship golf. It’s more than a destination. It’s an oasis of Southern hospitality, sun-warmed paths, and towering palms that stir the senses—and make you feel worlds away.

Unpretentious elegance leads to unforgettable impressions

A leisurely drive under canopies of Spanish moss-draped live oaks leads to the entrance of The Sanctuary, the property’s acclaimed crown jewel. Enveloped with subtropical surroundings, this aptly named haven is bestowed with South Carolina’s only Forbes Triple Five-Star rating for dining, accommodations, and spa. The reasons why are apparent.

Sincere welcomes are a constant here. As is a serenade of rolling surf, pristine sands, and far-reaching landscapes, all framed by expansive windows. This is where the journey begins. The unplugging. The clarity. The serenity.

Inside The Sanctuary, grand staircases positioned at either side of the lobby lead the way to world-class accommodations anchored by 255 exquisite guest rooms and suites. Décor throughout is refined without sacrificing Southern charm. Luxe amenities create an environment that is both exceptional and endearing—whether traveling solo or with family.

The botanical solitude of the Forbes Five-Star spa is a source of endless bliss. Think trickling water fountains, the calming aroma of essential oils, detoxifying mineral-based massages, and holistic facials. Expect no pretense. Just pure, award-winning renewal and rejuvenation.

SC has 7 of the best resorts in the South for 2025, Condé Nast says. Take a look

Seven resorts across the Palmetto State have been ranked among the top 20 in the South by the 2025 Condé Nast Traveler Readers’ Choice Awards.From oceanfront escapes to serene Lowcountry retreats, these South Carolina resorts made the ranks for their hospitality, scenery and world-class amenities — with more locations on the list than any other southern state.There were 757,109 travelers who participated in the 38th annual survey, casting votes between April 1 and June 30, 2025. Results are based on a five-po...

Seven resorts across the Palmetto State have been ranked among the top 20 in the South by the 2025 Condé Nast Traveler Readers’ Choice Awards.

From oceanfront escapes to serene Lowcountry retreats, these South Carolina resorts made the ranks for their hospitality, scenery and world-class amenities — with more locations on the list than any other southern state.

There were 757,109 travelers who participated in the 38th annual survey, casting votes between April 1 and June 30, 2025. Results are based on a five-point scale and averaged to a percentage to determine final scores. The awards recognize excellence across a wide range of travel categories, including hotels, resorts, cities, and airports.

Whether you’re planning a romantic getaway or a family-friendly vacation, where you stay matters just as much as where you go.

Here are the South Carolina resort destinations that made the ranks and how each location scored.

This oceanfront resort blends luxury with Lowcountry charm, offering pristine beaches, world-class golf and spa experiences all nestled within a barrier island setting.

Located just outside Charleston, Wild Dunes offers a relaxing beach atmosphere and easy access to historic charm, complete with golf courses, bike trails, and upscale accommodations.

Set along the Atlantic Ocean, just steps away from the beach, this resort features oceanfront dining, three pools, and a full-service spa, making it a top pick for both relaxation and recreation.

This boutique waterfront resort combines coastal elegance with Southern hospitality, all just a short drive from the city.

Famous for its iconic red-and-white lighthouse and scenic bike trails, Sea Pines offers an immersive experience in nature, golf, and coastal living on Hilton Head’s southern tip.

With spacious suites, beachfront access, golf, trails, and tennis courts, this resort provides a relaxed yet upscale atmosphere ideal for both couples and families.

Tucked between Hilton Head and Savannah, Montage Palmetto Bluff delivers Southern charm and luxury with a rustic twist in its moss-draped oaks, gourmet dining and homes on the water.

What other resorts in the South made the list?

The other top resorts in this ranking by Condé Nast readers include:

The Sanderling Resort in Duck, North Carolina

The Omni Homestead Resort in Hot Springs, Virginia

The Greenbrier in White Sulphur Springs, West Virginia

Stonewall Resort in Roanoke, West Virginia

The Swag in Waynesville, North Carolina

The Cloister at Sea Island in Sea Island, Georgia

Blackberry Farm in Walland, Tennessee

The Tides Inn in Irvington, Virginia

The Omni Grove Park Inn in Asheville, North Carolina

Blackberry Mountain in Walland, Tennessee

The Horse Shoe Farm in Hendersonville, North Carolina

The Westin Savannah Harbor Golf Resort & Spa in Savannah, Georgia

The Lodge at Primland, Auberge Collection in Meadows of Dan, Virginia

How does Condé Nast conduct these surveys?

Condé Nast states that the Readers’ Choice Awards survey is administered via a secure platform from cntraveler.com and includes a range of criteria relevant to each category.

Categories range from cities, resorts, hotels, and more. For a candidate to be voted on in a respective category, it must meet a minimum number of responses and achieve a qualifying rating to be eligible.

Results are based on a five-point scale and averaged to a percentage to determine final scores.

The rankings aim to highlight places and experiences that travelers value most and serve as a guide for future travel planning.

To view the full list of top resorts in the South and other awards from Condé Nast readers, click here.

Disclaimer:

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

Service Areas