Probate Lawyer in Spartanburg, 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 Spartanburg, 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 Spartanburg, 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 Spartanburg, SC
Probate Lawyer Spartanburg, 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 Spartanburg, SC, for honest feedback and probate assistance.

Typically, having a Living Trust or a Will in place will make transferring assets easier. A little prep ahead of time will make a world of difference when your loved one passes away. After all, nobody is ever prepared for a relative or family friend's death, but a compassionate, trustworthy probate attorney can make the process easier.

FAQsSouth Carolina Probate FAQs

For many families, "Probate" is a dirty term that involves heartbreak and headaches. And while the probate process in South Carolina can be complex and stressful, having answers to some of the most common probate questions can help put your mind at ease.

Q.

My family member recently passed away, and we're considering their estate. How long will the probate process take?

A.

The time it takes an estate to go through probate in South Carolina varies depending on a number of questions, including:

  • Does the deceased have a valid will?
  • Is the Estate complex or large?
  • Is the Will contested?
  • Have any lawsuits been filed?
  • Is the personal representative of the estate efficient?

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

My loved one mentioned opening a Trust to protect my assets. What is a Trust, and what Trusts should I consider?

A.

As is the case with most probate decisions, opening a Trust should be based on your unique situation and guidance from your probate attorney in Spartanburg, 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 Spartanburg, 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 Spartanburg, SC

Chattanooga vs. Wofford Predictions & Picks: Spread, Total - SoCon Tournament

Saturday's contest features the Chattanooga Mocs (20-11, 12-6 SoCon) and the Wofford Terriers (17-14, 10-8 SoCon) facing off at Harrah’s Cherokee Center Asheville in what should be a tight matchup, with a projected 76-74 win for Chattanooga according to our computer prediction. Game time is at 6:00 PM ET on March 9.Based on our computer prediction, Wofford is projected to cover the spread (3.5) against Chattanooga. The two sides are projected to go over the 144.5 over/under....

Saturday's contest features the Chattanooga Mocs (20-11, 12-6 SoCon) and the Wofford Terriers (17-14, 10-8 SoCon) facing off at Harrah’s Cherokee Center Asheville in what should be a tight matchup, with a projected 76-74 win for Chattanooga according to our computer prediction. Game time is at 6:00 PM ET on March 9.

Based on our computer prediction, Wofford is projected to cover the spread (3.5) against Chattanooga. The two sides are projected to go over the 144.5 over/under.

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Chattanooga vs. Wofford Game Info & Odds

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Chattanooga vs. Wofford Score Prediction

Spread & Total Prediction for Chattanooga vs. Wofford

Chattanooga's record against the spread this season is 15-14-0, while Wofford's is 13-15-0. A total of 15 out of the Mocs' games this season have hit the over, and 18 of the Terriers' games have gone over. The two teams score an average of 153.2 points per game, 8.7 more points than this matchup's total. Chattanooga is 5-5 against the spread and 6-4 overall in its last 10 games, while Wofford has gone 5-5 against the spread and 5-5 overall.

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The Haunted History Of This South Carolina Cemetery Will Chill You To The Bone

Hells Gate South Carolina: Four words that send shivers down our spines. Why? Oakwood Cemetery (better known as Hells Gate Cemetery), is a cemetery in Spartanburg, S.C. that's riddled with more than just ghosts, and you may not want to keep reading if you're easily spooked by actual events guaranteed to chill you to the bone. But then again, if y...

Hells Gate South Carolina: Four words that send shivers down our spines. Why? Oakwood Cemetery (better known as Hells Gate Cemetery), is a cemetery in Spartanburg, S.C. that's riddled with more than just ghosts, and you may not want to keep reading if you're easily spooked by actual events guaranteed to chill you to the bone. But then again, if you're into macabre things - read on. But be forewarned: the history of this upstate South Carolina cemetery is not for the faint of heart and includes stories of downright evil acts.

Oakwood Cemetery, Spartanburg's oldest cemetery was chartered in the late 1800s.

At first glance, and for many deceased loved ones, this beautiful historic graveyard is a hauntingly peaceful resting spot.

In fact, there are sections that are perfectly pleasing to the eye and seemingly filled with nothing but the quiet souls of those dearly departed Spartanburg area residents.

But, head toward the back of this death sanctuary and you'll find something entirely different.

As you make your way there you may begin to get a keen sense of why Oakwood Cemetery is also widely known as "Hells Gate."

The usual paranormal strange things seem to happen in the older section of the cemetery.

Apparitions, screams, and orbs are but a few of the weird goings on. Visitors often report their cell phones die, and they feel ill or are overcome with a sense of dread when they head to the "old" part of the cemetery.

There could be a couple of reasons for that. Firstly, Hells Gate in South Carolina was the potters' field more than a hundred years ago. Individuals who were prisoners, wards of the state, had no family, or were just too poor for proper burial were commonly laid to rest in Potters Field.Secondly, in 1914 the city reportedly dug up more than 100 graves in another part of town and moved them to Oakwood Cemetery to make way for some sort of development. You could speculate that probably didn't sit well with the departed who were uprooted from the comfy spots they'd grown used to.

But all of that pales in comparison to what happened at Hells Gate five years ago.For decades, perhaps even centuries, Hells Gate has been thought to be the spot where satanic rituals have taken place in the secret of the night. Full-on SATANIC rituals. Let that sink in.In 2012, the caretaker was making rounds and discovered a grave had been disturbed; its concrete vault had been broken into and the casket was pried open.

The vandals (satanists?) had removed the head of the body and nothing else. The culprits returned the head to the cemetery a month later, discarding it like used trash. Hauntings, orbs, and even otherworldly screams seem to pale in comparison to this atrocity, but the creepy paranormal activity is still goose-bump, hair-raising stuff that'll make your skin crawl. Have you visited Hells Gate? And did you experience anything out of the ordinary?

We'd love to know in our comments below!See more of Oakwood Cemetery, including the old haunted part, in this video from YouTube user Kimberly Killeri:

Did you know the history of Hells Gate Cemetery in South Carolina? Can you even believe it? For more haunted South Carolina cemeteries, check out this list of 11 of the most haunted in the state.

How gas prices have changed in Spartanburg in the last week

Canva How gas prices have changed in Spartanburg in the last week The average cost to fill up the gas tank is about 6 cents cheaper this week compared to last. Factors that could push gasoline prices higher—including damaging hurricanes, broader conflict in the Middle East, and refinery outages—have largely failed to materialize.The Midwest has experienced the most upward pressure on prices at the pump due to some refinery outages. Those ...

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How gas prices have changed in Spartanburg in the last week

The average cost to fill up the gas tank is about 6 cents cheaper this week compared to last. Factors that could push gasoline prices higher—including damaging hurricanes, broader conflict in the Middle East, and refinery outages—have largely failed to materialize.

The Midwest has experienced the most upward pressure on prices at the pump due to some refinery outages. Those have mostly resolved and gas prices in states like Illinois are falling from their month-ago levels when drivers were paying around $4 per gallon, 50 cents more than the national average at the time.

Thousands of gas stations around the country are now selling gas for under $3 per gallon, according to gas price tracking app GasBuddy.

"It seems fitting that, in the run-up to Labor Day, the national average has fallen for four straight weeks to its lowest point since February, giving Americans one last chance to hit the road with gas prices being less of a factor," GasBuddy analyst Patrick De Haan said in a statement Monday.

Stacker compiled statistics on gas prices in Spartanburg, SC metro area using data from AAA. Gas prices are current as of August 26.

Spartanburg by the numbers- Gas current price: $2.97--- South Carolina average: $2.95- Week change: -$0.09 (-2.8%)- Year change: -$0.43 (-12.6%)- Historical expensive gas price: $4.61 (6/12/22)

- Diesel current price: $3.41- Week change: -$0.04 (-1.2%)- Year change: -$0.63 (-15.6%)- Historical expensive diesel price: $5.53 (6/10/22)

Metros with the most expensive gas#1. Lihue (Kauai), HI: $5.27#2. Santa Rosa, CA: $4.88#3. Salinas, CA: $4.85

Metros with the least expensive gas#1. Alexander County, IL: $0.00#2. Tulsa, OK: $2.74#3. Lubbock, TX: $2.74

This story features writing by Dom DiFurio and is part of a series utilizing data automation across 371 metros.

You may also like: Cities with the most expensive homes in the Spartanburg metro area

Voters to decide spending plan on new schools in Spartanburg County School District 7

SPARTANBURG — Growth is coming to Spartanburg County School District 7 over the next six years and plans are underway to meet demand through new facilities and staffing.The school district serves students on the city’s east side. With new housing planned or under construction, especially along Highway 29, the district’s latest enrollment of 7,396 is likely to rise. At least 300 to 400 additional students are expected in the district over the next few years.The district recognizes the need and has built several...

SPARTANBURG — Growth is coming to Spartanburg County School District 7 over the next six years and plans are underway to meet demand through new facilities and staffing.

The school district serves students on the city’s east side. With new housing planned or under construction, especially along Highway 29, the district’s latest enrollment of 7,396 is likely to rise. At least 300 to 400 additional students are expected in the district over the next few years.

The district recognizes the need and has built several new schools over the past eight years. In Aug. 2019, a new Spartanburg High School opened on Highway 29 on property that formerly housed a country club. The new high school cost $138 million to construct. The project was among three new schools approved by voters in March 2016 to allow the district to issue $185 million in general obligation bonds for the projects.

As part of the plan, McCracken Middle School was moved into the former Spartanburg High School and a new elementary school was built replacing Houston and Chapman elementary schools. While these projects have helped alleviate some pressures on the district, more needs to be done elsewhere.

On. Aug 20, District 7 voters will decide whether to approve a $47 million referendum to build a new Jesse Boyd Elementary School and a new addition at Mary H. Wright Elementary School.

“District 7 stands on a foundation of progress, innovation and momentum which calls us to be ever-vigilant and forward-thinking,” Superintendent Jeff Stevens told The Post and Courier. “We are entrusted with preserving this foundation to ensure its relevance for future generations. Our duty is clear: to lay new groundwork that inspires and equips current and future students.”

Spartanburg News

Built in 1964, Jesse Boyd Elementary School on Fernwood-Glendale Road is among the older schools in the district. If approved, a new Jesse Boyd Elementary School would be built on Webber Road near the former McCracken Middle School site. Design plans would begin late 2024.

“The new Jesse Boyd Elementary is estimated to be 125,000 square feet,” District 7 spokeswoman Beth Lancaster said. “It will include space for providing low-cost childcare for our teachers and staff, which is increasingly offered by school districts locally and nationally to help recruit and retain high-quality teachers.”

The cost to build a new Jesse Boyd Elementary School would be about $55 million.

Mary H. Wright Elementary School on South Church Street was built in 2001. The proposed $4.5 million addition to the school would include six classrooms for employee child care and to expand the school’s need-based, public 3K program. The 11,364-square-foot addition would also have a playground.

“The addition at Mary H. Wright will enable District 7 to expand this program to include both of the new classes funded by grants secured through Spartanburg Academic Movement,” Lancaster said.

Design and planning for Jesse Boyd and Mary H. Wright elementary schools would begin immediately if approved by voters. The new school and addition would increase the schools’ capacity to 700 each. District 7’s goal is to have the projects completed in time for the opening of the 2027-28 school year.

The need for new schools isn’t isolated.

School districts throughout Spartanburg County are experiencing a rise in enrollment as new housing construction continues. Over the past five years, several districts already have built new schools or are in the planning phases.

A new $100 million Woodruff High School is under construction in Spartanburg County School District 4. It’s scheduled to be completed by November 2025.

Three new schools — Abner Creek Middle School, Tyger River Elementary School and Wellford Academy — opened Aug. 12 in Spartanburg County School District 5. These projects were funded by a $295 million bond referendum approved by District 5 voters in 2021.

New schools and classroom space in District 7 will help elevate several programs. District 7 expects to hire additional staff at Jesse Boyd and Mary H. Wright elementary schools for employee childcare and the need-based 3K program.

“Expanding early child care in our community is also a critical need, as kindergarten readiness is one of the best predictors of success throughout a child’s K-12 education,” Lancaster said.

5 Best BBQ Spots in Spartanburg, SC

Looking for the best bbq in Spartanburg? Barbecue places are in no short supply in the Carolinas. Since we aim to please when it comes to lists, we compiled this list of Spartanburg barbecue restaurants, based on our readers’ recommendations. Here are some favorite spots for BBQ in Spartanburg, SC.Be sure to check out more of the best restaurants in Spartanburg!The Savory South, And An...

Looking for the best bbq in Spartanburg? Barbecue places are in no short supply in the Carolinas. Since we aim to please when it comes to lists, we compiled this list of Spartanburg barbecue restaurants, based on our readers’ recommendations. Here are some favorite spots for BBQ in Spartanburg, SC.

Be sure to check out more of the best restaurants in Spartanburg!

The Savory South, And An Obsession With Smoked Meats

No type of food is more synonymous with the south than barbecue. No, we’re not talking about the kind you cook on the grill in your backyard. We’re talking about the kind that is slowly smoked over wood, with a dry rub, by someone who has learned the fine art of cooking meat this way.

It’s a serious business, and that’s why people are so passionate about it when they find a place that does it well. Spartanburg is no slouch when it comes to barbecue options, either. Included among the establishments in this list is an SC ambassador chef and recognized as the best in South Carolina.

Our Readers’ Picks For Their Favorite Barbecue in Spartanburg, SC

Bubba’s BBQ and Bash

827 West Blackstock Road, Spartanburg | 864.582.7487This alcohol and smoke-free restaurant offers its selections family style. Barbecue isn’t the only food you’ll find here. They have daily specials that include items like calabash chicken, country-fried steak, grilled chicken, and more.

Southside Smokehouse & Grille

726 South Howard Avenue, Landrum | 864.457.4581 Southside Smokehouse’s chef, Sarah McClure was named one of 2018’s South Carolina Chef Ambassadors. Sarah’s hope is to change the way people view southern people and food.

Pig Out

300 New Cut Road, Inman | 864.949.74311945 Drayton Road, Drayton | 864.327.8230A favorite spot for all things smoked in Spartanburg, the ribs and hash are some of the most popular menu items! Guests rave about the customer service and many leave craving more peach cobbler!

Boonjugs Hillbilly BBQ & Hash

1204 South Granard Street, Gaffney | 803.460.2636Spartanburg foodies are all familiar with Mark Wallace and his food trailer. When the trailer was damaged and Mark was missing from his regular spot in Boiling Springs, people went crazy. And when he recently suffered a foot injury, locals supported him and sent well wishes daily. Amazing food, including brisket, ribs, and smoked chicken, are on the menu, along with homemade sides.

Smokey Blue’s BBQ

458 Oak Grove Rd, Spartanburg | 864.587.1807Smokey Blues is family-owned and offers smoked meats, along with Hash which people rave about. Select from ten different sides to go with your meal.

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