If there's one thing that most families can agree on, it's that losing a loved one is tough. It's a grief-stricken time often filled with sleepless nights and free-flowing tears. Between notifying friends, planning funeral services, and working through your own emotions, the thought of Estate Administration is the last thing on your mind. But you know something must be done. You feel obligated to do something about your family member's estate but aren't sure how to proceed or when to do it. You're probably wrestling with hard-to-answer questions like:
That's where Cobb Hammett comes in - to help guide you through the complicated processes of probate court in South Carolina. Because the truth is, probate can be confusing and intimidating if you're ill-equipped to deal with the court's procedures and inner workings. There is legal paperwork to draft and file, petitions to publish, notices to serve, bonds to file, and a long list of rules that you must adhere to during this time. With a probate lawyer in McClellanville, SC, by your side, however, you can rest easy knowing your loved one's assets are protected, and their legacy is legally preserved.
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.
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.
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 McClellanville, 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.
Our attorneys love probate and estate-related legal services, including but not limited to the following:
When our probate lawyers assist with Estate Administration, our team prioritizes efficacy and efficiency to ensure all tasks are accomplished correctly and on time. That way, our clients endure less stress while looking good in front of family members.
When an Estate is disputed and requires litigation, Cobb Hammett probate attorneys fight to win on our client's behalf. From holding unfaithful Executors accountable to contesting Wills, our team searches for the best way to achieve our client's goals.
Things get more complicated in probate cases where Trusts are involved. To ensure that the terms of the Trust are met and handled correctly, our team works closely with clients to advise them on how to proceed.
Every Trust is different. By proxy, every Trust dispute must be handled in a unique manner. After a careful analysis of the Trust and South Carolina law, our team will determine the best strategy to achieve our client's goals.
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 McClellanville, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.
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.
A Personal Representative is Assigned: This individual is often named in a Will and should be appointed officially by the court.
A Notice is Sent to Intestate Heirs: If these heirs feel that they should inherit, they have a right to challenge this step.
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.
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.
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.
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.
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:
Assets that are not subject to probate in South Carolina include:
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 McClellanville, 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.
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.
My family member recently passed away, and we're considering their estate. How long will the probate process take?
The time it takes an estate to go through probate in South Carolina varies depending on a number of questions, including:
When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.
My loved one mentioned opening a Trust to protect my assets. What is a Trust, and what Trusts should I consider?
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 McClellanville, 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:
When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.
What happens when somebody dies without a will in South Carolina?
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:
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.
Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!
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 McClellanville, 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.
An elusive solution for a persistent problem is flickering to life again for one of the most idyllic fishing villages along the South Carolina coast.A new high-voltage line that would help keep the power on for residents and businesses in outage-prone McClellanville is inching toward its eventual completion.It's only been in the works since the 1990s.After years of fits and starts, the project rounded an important turn a few weeks ago, when an arm of the U.S. Department of Agriculture that's expected to help finance the ...
An elusive solution for a persistent problem is flickering to life again for one of the most idyllic fishing villages along the South Carolina coast.
A new high-voltage line that would help keep the power on for residents and businesses in outage-prone McClellanville is inching toward its eventual completion.
It's only been in the works since the 1990s.
After years of fits and starts, the project rounded an important turn a few weeks ago, when an arm of the U.S. Department of Agriculture that's expected to help finance the line signed off on a new environmental impact analysis. It marked the last major approval required from the federal government.
"To me, that's good news," said McClellanville native and Carolina Seafood owner Rutledge Leland III, who'll mark his 50th year as mayor in 2026.
It's been more than a decade since Leland noted that his historic hometown had lived with the "nagging problem" of fickle electricity service "for all of my years in office" — a public-service streak that began in 1973.
But the flip won't be switched anytime soon. Central Electric Power Cooperatives Inc., which is spearheading the project with Berkeley Electric Cooperative, said the recent federal approvals allow it to proceed with "finalizing, designing and building this electric transmission line."
For instance, the group must still clear permitting hurdles at the state level and secure a loan from the Agriculture Department's Rural Utilities Service.
Also, Central Electric has yet to nail down a precise cost estimate or construction schedule, partly because it still needs to identify and acquire the specific 75-foot-wide strips of land where the power poles will be placed.
While the marathon process started in the 1990s, it picked up steam around 2005.
"We've supported it from the beginning," Mayor Leland said last week.
He also recalled the previous fractious attempts to map out a palatable pathway for a major infrastructure project that will alter the landscape in a rural and ecologically sensitive area teeming with wetlands and wildlife.
At one point, a dozen potential routes were in the mix at a projected average cost of $438,000 a mile. The most controversial among them was a proposal to run the power line from Belle Isle in Georgetown County to McClellanville through the pristine Santee Delta refuge.
"Every time there'd be a public hearing there’d be some opposition to just about anything they chose," Leland said.
Central Electric appears to be past that point now. It hit a critical milestone in September when the federal government's environmental review singled out the final "preferred" route. The study included two alternatives. Both were eliminated.
The line will carry up to 115 kilovolts of power and measure about 23⅓ miles in length, linking a new substation to be built off Highway 45 in McClellanville with an existing inland connection point near Highway 41 in Jamestown.
Maps show the overhead line snaking from upper Berkeley County toward Honey Hill and onto the coast.
Along the way, it will cross four named creeks. It also will require the use of existing and new rights-of-way — on both privately owned land and 13½ miles of property inside the Francis Marion National Forest.
The high-voltage wires would be strung along as many as 280 heavy-duty utility poles standing about 75-feet tall.
The S.C. Coastal Conservation League, which challenged previous routing ideas, isn't opposed to the latest iteration, though it's urging Central Electric to "take all reasonable measures to limit impacts to endangered species."
"There is a legitimate need to enhance electrical service reliability in McClellanville, and planning has been in the works for 20 years now," Taylor Allred, the Charleston advocacy group's energy and climate program director, said in a statement last week. "While the project has some points of environmental concern, including 13.5 miles of its route running through the Francis Marion National Forest, it avoids the most environmentally harmful alternatives."
Most McClellanville residents and small businesses fall within Dominion Energy South Carolina's territory. The rest are served by Moncks Corner-based Berkeley Electric.
The source of the rural area's power struggles is an aging, inefficient and vulnerable transmission setup. A lone line ties into a Dominion substation about 40 miles away in Mount Pleasant that bleeds voltage the farther north it goes.
And it provides no backup in the event of an outage.
"The long line exposure is through forested properties, increasing the likelihood of service interruption," according to the government's environmental report, which pointed to downed trees, falling limbs and wildfires, as well as severe storms and saltwater corrosion.
"Given that this is a single source of electricity to McClellanville, all these factors render this source inherently unreliable and fail to meet ... the threshold industry standard for acceptable power system reliability," the study continued.
The new and existing lines will provide three electrical circuits rather than one, leading to fewer outages and creating a backup power loop. A similar project that state-owned Santee Cooper started building on Johns Island in June required about 10 years of planning, including delicate negotiations with irate landowners.
Central Electric estimated that McClellanville, on average, has lost power for about 11 hours each year since 2020, or 38 times longer than all other parts of South Carolina served by the cooperative system. The group also projected demand from the area's existing "delivery point" is on track to grow 22 percent.
Central Electric CEO Rob Hochstetler said McClellanville's residents and small businesses experience "by far the least reliable electric service in the state."
"They deal with flickering lights and frequent, lengthy power outages — the kind of problems most consumers haven’t faced in several decades," he said in a written statement last week. "Central and Berkeley Electric Cooperative have worked for 25 years to address this problem, and, finally, we have the federal government’s approval for a plan to fix it."
He added that the painstaking process yielded "a solution that is proven to have the least impact on the environment and local communities. Through multiple rounds of ... engagement and plan revisions, we explored every possible route and exhausted every available option."
The new line is expected to take about three years to complete, once construction begins.
Leland, closing in on his 50th year as mayor of McClellanville, which dates to 1685, has learned to take the long view.
"We've always been optimistic," he said.