Efficient, Compassionate Legal Assistance for Probate Matters

What is a Probate Attorney in Startex, 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 Startex, 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 Startex, 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 Startex, 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 Startex, SC
Probate Lawyer Startex, 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 Startex, 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 Startex, 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 Startex, 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 Startex, SC

DNA match solves identity of 'Ms. Startex,' missing since early 2000s

STARTEX, S.C. —The body of a woman, known in the Spartanburg County community as "Ms. Startex," has been identified after years of inconclusive investigation.The Spartanburg County Coroner's Office and Sheriff's Office announced on Wednesday they positively identified a Jane Doe as Jolene Lynn White, formerly of Cowpens. The match was reported to Investigator Rick Ellis, who was among the main deputies working the case from the beginning, on Aug. 27 of this year.Investigators determined W...

STARTEX, S.C. —

The body of a woman, known in the Spartanburg County community as "Ms. Startex," has been identified after years of inconclusive investigation.

The Spartanburg County Coroner's Office and Sheriff's Office announced on Wednesday they positively identified a Jane Doe as Jolene Lynn White, formerly of Cowpens. The match was reported to Investigator Rick Ellis, who was among the main deputies working the case from the beginning, on Aug. 27 of this year.

Investigators determined White disappeared between 2003 and 2005. Before this disappearance, it was reported she went missing another time by law enforcement.

“I was there the day we recovered her in 2011 in Startex. It's a personal touch for me. It's something that, as cold case people, we look for that final day," Ellis said. "She (her mother) even after that period of time, had a hope that her daughter was going to come walking in the door. We always speak for those who can't speak for themselves. That's what we do. So from that aspect, I was able to bring her to the closure.”

A body was found on October 26, 2011, along South Main Street in Startex by teenagers looking for scrap metal, according to investigators. At the time, she was determined a Jane Doe, "Ms. Startex."

Skeletal remains were submitted to Forensic Anthropologist Suzanne Able to assist with identification and possible cause of death. During the examination, investigators determined the person was a white woman between the ages of 40 and 55. At the time, the case was then ruled a homicide based on evidence from the Coroner's Office.

Numerous attempts were made by news stories, public posters, and forensic images to determine how the person looked. DNA profiles were generated and entered into a national database for years without success.

In 2020, Ellis looked into developments in Genealogy science, consulting with the D.N.A.Doe Project to help match profiles with possibly known family members on FamilyTreeDNA.

In April 2025, a new match was entered into the database, which investigators said was a close match. From there, investigators conducted interviews to narrow the search for a potential daughter of the person who passed away. A DNA sample was submitted to the University of North Texas for familial comparison, and a positive match for White was reported to Ellis on Aug. 27.

“It's a personal touch for me. It, it's something that, as cold case people, we look for that final day," Ellis said.

"He prays about this a lot, to bring these people to a positive conclusion of who they actually are and be able to return them to their families," Coroner Rusty Clevenger said.

D.N.A.Doe Project's Rebecca Somerholder said White had matches for Puerto Rican descent, and her mother in the United States was her adoptive parent, making the search difficult.

"Our team included numerous support staff and ten volunteer genetic genealogists who spent more than four and a half years, painstakingly researching this case," Somerholder said. "Today, she is no longer Miss Startex. We can say her name."

Clevenger said without them helping to investigate the case and providing the funds, White may have never been identified. He describes the 501(c)3 program as one in desperate need of funding, especially for smaller departments like in Spartanburg County.

White's case continues to be investigated and ruled as a homicide. Investigators are unable to provide a cause of death or motive as they continue to search for a suspect.

The Coroner's Office said it has identified several other missing persons cases like White's under Ellis' time as an investigator. Investigators continue to look into the cases of three unidentified people, who go back to as far as 2016.

Remains of woman found in Upstate in 2011 have been identified

The remains of a woman found in 2011 by a group of teenagers in Spartanburg County, South Carolina, have been identified.On Oct. 26, 2011, the teenagers were searching for scap metal and found skeletal remains in a wooded area in Startex, South Carolina.At the time authorities said the remains belonged to a 40- to 55-year-old Caucasian woman who had been murdered before her body was hidden under debris.In 2020, the Spartanburg County Coroner’s Office brought the case to the DNA Doe Project, which investigates genet...

The remains of a woman found in 2011 by a group of teenagers in Spartanburg County, South Carolina, have been identified.

On Oct. 26, 2011, the teenagers were searching for scap metal and found skeletal remains in a wooded area in Startex, South Carolina.

At the time authorities said the remains belonged to a 40- to 55-year-old Caucasian woman who had been murdered before her body was hidden under debris.

In 2020, the Spartanburg County Coroner’s Office brought the case to the DNA Doe Project, which investigates genetic genealogists and work pro bono to identify Jane and John Does.

Through the project, a DNA profile was generated from the woman’s remains and uploaded to GEDmatch and FamilyTreeDNA.

They learned that the woman only had distant DNA matches but it was obvious that she had roots in Puerto Rico, where endogamy can complicate genetic genealogy research.

“The genealogy in this case was very complex,” said team leader Rebecca Somerhalder. “Our team built out family trees for hundreds of Puerto Rican DNA matches, but figuring out how they were connected to Ms. Startex was tricky because they were all very distant relatives.”

In April 2025, a new DNA match appeared on FamilyTreeDNA.

The team had identified the biological parents of the woman as a couple from Orange County, New York.

The father was originally from Puerto Rico, while the mother had deep roots in the area.

The team said they found out that none of their known children were missing and it became clear that the woman had been adopted.

Investigators spoke with the family and discovered that, after the death of their mother, two of the children had been adopted by a family who later moved to South Carolina.

They later learned Jolene Lynn White had been missing for two decades.

Follow-up DNA testing confirmed that White was, in fact, the woman whose remains were found.

“This identification was only possible because of a dedicated and collaborative team,” said researcher Janel Daniels. “It also goes to show that one DNA match can make a huge difference - anyone who uploads their DNA to GEDmatch.com, DNAJustice.org or FamilyTreeDNA.com might help solve a cold case without even realizing.”

The DNA Doe Project said it is grateful to the groups and individuals which helped solve this case including the Spartanburg County Coroner’s Office, who entrusted the case to the DNA Doe Project; Astrea Forensics for DNA extraction; HudsonAlpha Discovery for sequencing; Kevin Lord for bioinformatics; GEDmatch Pro and FamilyTreeDNA for providing their databases; donors who joined our mission and contributed to this case; and the DNA Doe Project’s dedicated teams of volunteer investigative genetic genealogists who work tirelessly to bring all our Jane and John Does home.

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