Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in Myrtle Beach, 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 Myrtle Beach, 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 Myrtle Beach, 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 Myrtle Beach, 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 Myrtle Beach, SC
Probate Lawyer Myrtle Beach, 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 Myrtle Beach, 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 Myrtle Beach, 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 Myrtle Beach, 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 Myrtle Beach, SC

With new raises, Myrtle Beach officials make more than state leaders. See how much

As Myrtle Beach enters the new year, the city officially implemented 5% pay raises for two top-earning city officials.Myrtle Beach’s city manager and city attorney are paid more than other top-ranking city officials, as well as others in the same positions for some larger South Carolina cities.Last fiscal year, before the salary increases, city manager Jonathan “Fox” Simons’ annual salary was $278,262 and city attorney William Bryan Jr.’s annual salary was $203,320. By comparison, Police Chief Amy ...

As Myrtle Beach enters the new year, the city officially implemented 5% pay raises for two top-earning city officials.

Myrtle Beach’s city manager and city attorney are paid more than other top-ranking city officials, as well as others in the same positions for some larger South Carolina cities.

Last fiscal year, before the salary increases, city manager Jonathan “Fox” Simons’ annual salary was $278,262 and city attorney William Bryan Jr.’s annual salary was $203,320. By comparison, Police Chief Amy Prock’s annual salary was $188,032 and Fire Chief Paramedic Thomas Gwyer’s salary was $187,512 in the same time period. On the state level, South Carolina Governor Henry McMaster makes $106,078 annually.

On Jan. 1, cost of living pay increases went into effect for Bryan Jr. and Simons. With a 5% raise, Simons’ new salary amounts to about $292,175 yearly, and Bryan’s new salary amounts to $213,486 yearly.

However, because of the unusual implementation timeline, Simons and Bryan won’t receive the full increase for the fiscal year. With six months already passed, Simons will receive roughly a $6,957 increase over the next six months, and Bryan will receive about $5,083 more in the same period.

Although other city employees started receiving 5% raises after Myrtle Beach passed its roughly $360 million spending plan in June, City Council didn’t vote on Bryan and Simons’ raises until Dec. 9 – even though the increases were included in the spending plan.

Mayor Brenda Bethune, whose term ends this month, told The Sun News the raises should have been approved when Simons and Bryan’s contracts were reinstated. According to both Bethune and Councilman Mike Chestnut, the raises “fell through the cracks.”

“Perhaps we assumed that it was automatically done for them, as it was for the other employees and management personnel, but it was not, so when that was realized, we wanted to take care of it and get it done before the end of the year,” Bethune said.

Chestnut told The Sun News more bluntly of the vote to approve the raises, “I thought we did, and we didn’t.”

This fiscal year the city manager won’t collect the full $292,175 and the city attorney won’t receive the $213,486 total compensation, the salaries stand out among the top payouts for city officials.

But salary records for other South Carolina municipalities that use the same council-manager system as Myrtle Beach show that the positions are highly compensated across the state.

The Sun News submitted Freedom of Information Act requests for other council-manager cities to compare city manager and city attorney salaries. Here’s what they revealed.

Columbia

With an official population count of around 136,630 in the last census, Columbia is one of the largest cities in South Carolina. The capital city’s attorney is less compensated than Simons, with an annual salary of roughly $254,329, according to publicly available records. The city attorney also receives a lower salary than Bryan, making about $184,501 this year.

Rock Hill

The city of Rock Hill, which had a population of approximately 74,370 in 2020, had the highest city manager salary of the municipalities examined by The Sun News. While the city manager is paid $323,669, the city attorney isn’t paid a salary because they aren’t a city employee, the city said.

Greenville

The city of Greenville outspends Myrtle Beach on salaries for both the city manager and city attorney, according to the city. With a population of 70,720 at the last official count, Greenville pays the city manager $304,762 and the city attorney about $235,061 annually, the city revealed.

Sumter

According to a city representative, Sumter’s general counsel is compensated on an hourly basis, and the hours worked vary month to month. The city manager, however, receives an annual salary lower than Myrtle Beach’s, according to the city. The city of Sumter, which has a census population around 43,460, compensates its city manager with $273,095 a year.

Florence

With an official population of roughly 39,900 in 2020, Florence’s year-round population was close to Myrtle Beach’s census population of approximately 35,680. According to the city, Florence pays its city manager less than Myrtle Beach, about $234,000 annually, and doesn’t have a city attorney on staff.

Myrtle Beach area restaurants serving up Southern foods to bring luck in new year

It’s a Southern tradition that if you eat certain foods on New Year’s Day, you’ll have good luck for the entire year.In the South, those foods include greens (such as collard or mustard), cornbread, pork and Hoppin’ John, usually made with black-eyed peas, rice and smoked pork.Restaurants along the Grand Strand have embraced this tradition, offering dishes that are made with the items or a straight traditional meal of pork chops, greens and cornbread.Here are eight restaurants where you can eat we...

It’s a Southern tradition that if you eat certain foods on New Year’s Day, you’ll have good luck for the entire year.

In the South, those foods include greens (such as collard or mustard), cornbread, pork and Hoppin’ John, usually made with black-eyed peas, rice and smoked pork.

Restaurants along the Grand Strand have embraced this tradition, offering dishes that are made with the items or a straight traditional meal of pork chops, greens and cornbread.

Here are eight restaurants where you can eat well — and perhaps get lucky.

Avista Resort

Avista Resort, 300 N. Ocean Blvd. in North Myrtle Beach, will offer a New Year’s Day brunch that includes a buffet station with collard greens and black-eyed peas, as well as a carving station with maple glazed ham.

There will also be live music.

The buffet is from 10 a.m. to 2 p.m. and the price is $29.95 per person. Reservations are suggested.

Wahoo’s Fish House

The Murrells Inlet restaurant, 3993 U.S. 17 Business, will have a New Year’s Day buffet from 11 a.m. to 3 p.m.

The buffet will have ham, slow braised collards, Hoppin’ Johns and hushpuppies. Cost is $26 adults and $15 for ages 6 to 11.

Reservations are recommended, but walk-ins are welcome.

Mama Jean’s

The all-you-can-eat buffet in Little River is welcoming diners to come and get lucky with its offerings that usually include collard greens, ham, black-eyed peas and cornbread.

The restaurant, 210 Highway 90 E, will serve its breakfast and lunch buffet on New Year’s Day from 6 a.m. to 2 p.m.

Joe’s Diner by the Airport

Joe’s is serving up a New Year’s Day lunch with pork chops or roast pork and sauerkraut, collards and black-eyed peas.

The restaurant at 2491 Highway 17 Bypass in Myrtle Beach is open from 6:30 a.m. to 2 p.m. on Jan. 1.

Drifters Saloon

The Myrtle Beach restaurant’s New Year’s Day special has been dubbed the “north meets the south” with pork and brown sugar sauerkraut, black-eyed peas with bacon and sausage, collard greens with ham hock and jalapeño honey cornbread.

Dine-in is $10.99 per person and to-go is $14.99. It’s located at 2905 N. Kings Highway.

The Shack

Known for its choice of one meat and three sides, The Shack, 1128 Sea Mountain Highway in North Myrtle Beach, said on its Facebook post that it’s “helping everyone start 2026 with the blessings of prosperity” by serving up pork medallions, collards, black-eyed peas and cornbread on Thursday.

Lunch is from 11 a.m. to 2 p.m. and the New Year’s Day special is $12.99.

Captain Archie’s

Coming off of its big New Year’s Eve party, the waterfront restaurant, 2200 Little River Neck Road in North Myrtle Beach, will also serve up a New Year’s Day traditional meal of pork chops, which can include a side of collard greens.

The meal will be served from 11 a.m. until closing, or while it lasts, the restaurant’s Facebook post said.

Murphy’s on the Beach

Lucky diners coming to this North Myrtle Beach restaurant at 2302 N. Ocean Blvd. can order black-eyed peas, collard green, fatback and cornbread starting at noon New Year’s Day.

There will also be a limited menu.

Dead sea life washing up in North Myrtle Beach. Could renourishment be to blame?

Beachgoers in North Myrtle Beach have noticed an unusual phenomenon on their oceanfront strolls.Recently, dead sea creatures such as horseshoe crabs and stingrays have been spotted washed up along area beaches. The sightings have led to speculation that offshore activity related to beach renourishment could be to blame.The beach renourishment in North Myrtle Beach is part of a $72 million project entirely funded by the U.S. Army Corps of Engineers, which will continue south for 26 miles. The project will add two million cubic y...

Beachgoers in North Myrtle Beach have noticed an unusual phenomenon on their oceanfront strolls.

Recently, dead sea creatures such as horseshoe crabs and stingrays have been spotted washed up along area beaches. The sightings have led to speculation that offshore activity related to beach renourishment could be to blame.

The beach renourishment in North Myrtle Beach is part of a $72 million project entirely funded by the U.S. Army Corps of Engineers, which will continue south for 26 miles. The project will add two million cubic yards of sand to the Grand Strand shoreline. The project is projected to move through North Myrtle Beach by early 2026, and continue down to Garden City by April 2026.

The renourishment project is aimed at protecting the area’s beaches by helping them recover from erosion caused by major weather events such as Hurricane Ian in September 2022 and Hurricane Debby in August 2024.

This process involves offshore dredging in pre-determined areas, where sand from the seabed is pumped through a submerged pipeline and onto the beach. Bulldozers later spread that sand on the beaches to shape and widen them.

Can beach renourishment hurt sea life?

While beach renourishment is a way of preserving the natural landscape of Grand Strand beaches, it can come at a cost to sea life.

Nourishing beaches can kill and scare away wildlife both on the shore and in the water, according to the University of California, Santa Barbara’s Explore Beaches project. The construction on beaches can impact shore birds, and the movement of sand can muddy waters, smothering some marine creatures.

However, beach renourishment is still considered more environmentally friendly than seawalls, which are a common alternative.

North Myrtle Beach spokesperson Gianna Forbis shared a statement from the Army Corps of Engineers explaining that environmental disruptions from renourishment can cause some sea life to wash up on shore, but it isn’t necessarily the sole explanation for what beachgoers have been seeing.

“Some marine animals washing up can happen during beach renourishment, but it also occurs naturally,” the statement reads. “The project can temporarily disturb nearshore habitats, which may contribute in a very small number of cases; however, these effects are short-term, not widespread and closely monitored.”

Protecting turtles, other marine life

The statement says that the Army Corps requires strict environmental protections during projects like this one, including daily monitoring by trained environmental observers, the use of turtle exclusion devices on dredging equipment and screening systems designed to prevent marine life from entering dredge intakes.

“If any protected species or unexpected biological material is observed, operations can be adjusted or paused. These measures are designed to reduce impacts, and the vast majority of marine life returns once the project is completed,” the statement reads.

The South Carolina Department of Natural Resources did not immediately respond to a request for comment regarding the dead sea life, and what could be causing them to wash ashore.

Cheapest places to live in 2026 in SC. Why this Horry County city made list

Thousands of people are expected to make a move to South Carolina in the coming year. And with home prices on the rise in the Palmetto State, finding a place where you can get the most bang for your buck is probably at the top of the moving “to do” list.It’s no surprise that the top landing place for those planning to relocate to the state is Myrtle Beach. But the coastal city didn’t make the list of the top “10 Cheapest Places to Live in South Carolina in 2026,” according to Houzeo, an online real ...

Thousands of people are expected to make a move to South Carolina in the coming year. And with home prices on the rise in the Palmetto State, finding a place where you can get the most bang for your buck is probably at the top of the moving “to do” list.

It’s no surprise that the top landing place for those planning to relocate to the state is Myrtle Beach. But the coastal city didn’t make the list of the top “10 Cheapest Places to Live in South Carolina in 2026,” according to Houzeo, an online real estate site.

Only one city in Horry County made the list — Conway.

The city’s small-town charm with convenient access to Myrtle Beach earned it a place on Houzeo’s list. Conway is about 15 miles from the beach.

It offers affordable living with a wide-range of affordable homes — “an attractive choice for families, young professionals, and retirees,” the site stated. The median home price in Conway is $170,500, and the average rent is $1,793, according to the site. In addition, the cost of living is below the national average at 7%.

There are also quality schools and a balanced lifestyle, “making Conway one of the cheapest ocean cities to live in South Carolina.”

Conway has been identified as one of the top 10 Metros in South Carolina with the fastest growing sales price for homes, according to Redfin. In November 2025, home prices in the Horry County city were up by 4.5%. The Carolina Forest community in the Myrtle Beach area also was on the list, with home prices up by 10%.

The median home value in Conway is $287,000, according to Houzeo reporting.

Here are other South Carolina cities that made the list:

1. Bennettsville

2. Union

3. Dillon

4. Orangeburg

5. Newberry

6. Gaffney

7. Conway

8. Aiken

9. Laurens

10. Florence

Looking to move to South Carolina in 2026? This Grand Strand city rated a top spot

Looking to make a move to South Carolina for the new year?You won’t be alone. With its cost of living 6% below the national average and some of the lowest property taxes in the country, it’s considered a “smart choice for workers and money-smart people,” according to Houzeo, an online real estate site.The site recently released its top 10 best places to live in South Carolina for 2026.Myrtle Beach ranked No. 5 on that list. Houzeo said the coastal city is retiree-friendly with an abundance of 55+ ...

Looking to make a move to South Carolina for the new year?

You won’t be alone. With its cost of living 6% below the national average and some of the lowest property taxes in the country, it’s considered a “smart choice for workers and money-smart people,” according to Houzeo, an online real estate site.

The site recently released its top 10 best places to live in South Carolina for 2026.

Myrtle Beach ranked No. 5 on that list. Houzeo said the coastal city is retiree-friendly with an abundance of 55+ communities and is known for its warm climate and beautiful beaches.

The cost of living in Myrtle Beach is 3.9% lower than the national average, the site said. The median home price is $324,747. Rent for a two-bedroom apartment ranges from $380 to $3,750 a month, depending on proximity to the ocean.

In order to live comfortably, a person would need an estimated annual income of about $66,880, according to the site’s figures.

While Myrtle Beach’s economy relies heavily on tourism and hospitality, the site pointed out that healthcare is growing, providing additional jobs.

There are some downsides to living in the Myrtle Beach area. Crime has increased in Myrtle Beach, and the city attracts a high volume of tourists during the warmer months, which causes traffic congestion and crowded public spaces, the site pointed out.

Houzeo’s best places to live in South Carolina

Here are what other South Carolina cities made the list:

1. Greenville

2. Lexington

3. Hilton Head Island

4. Spartanburg

5. Myrtle Beach

6. Rock Hill

7. Columbia

8. Charleston

9. Mount Pleasant

10. Summerville

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