Probate Lawyer in West Ashley, 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 West Ashley, 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 West Ashley, 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 West Ashley, SC
Probate Lawyer West Ashley, 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 West Ashley, 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 West Ashley, 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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Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!

A Caring, Confident Approach to Probate in South Carolina

Planning your estate is the first step to take if you want to protect your family, your assets, your well-being, and the fruits of your hard work.

At Cobb Hammett, LLC, our team of experienced probate lawyers in West Ashley, 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 West Ashley, SC

Construction will soon start on project that could alleviate traffic for Johns Island and West Ashley

Charleston County is set to begin construction on a project that will alleviate traffic for West Ashley and Johns Island residents, officials told residents at the first quarterly update meeting for the road improvements March 13.The project encompasses a number of improvements to help with traffic including construction of flyovers at the intersection of Main Road and U.S. Highway 17, an interchange at Main Road and Highway 17 for drivers who want to avoid the intersection, a bridge over CSX Railroad, a roundabout at the intersection...

Charleston County is set to begin construction on a project that will alleviate traffic for West Ashley and Johns Island residents, officials told residents at the first quarterly update meeting for the road improvements March 13.

The project encompasses a number of improvements to help with traffic including construction of flyovers at the intersection of Main Road and U.S. Highway 17, an interchange at Main Road and Highway 17 for drivers who want to avoid the intersection, a bridge over CSX Railroad, a roundabout at the intersection of Main, Chisholm and River roads, and a widening of Main Road from River and Chisholm roads to the interchange ramps.

The improvements were originally part of a bigger project for Main Road, from Bees Ferry Road to Betsy Kerrison Parkway. The project was then split into three segments, with this segment first estimated to cost $130 million in 2020.

This now $354 million project — the largest infrastructure project in Charleston County history — is funded by the 2016 half-cent transportation sales tax.

Herb Nimz, county project manager, said during the county's quarterly project meeting on March 13 that they're still in the permitting process, but have worked on securing right-of-way acquisition. They're also currently doing test piles, or assessing the strength and stability of the columns that will support the interchange and flyovers. Plans are in the works to relocate utilities, like Charleston Water System and Dominion Energy, before construction starts in May, he said.

Most of the road work on Main Road and Highway 17 will take place at night, but residents should still expect some backup during construction, Nimz said.

"It's going to get worse before it gets better," Nimz said.

Residents in West Ashley and on Johns Island who live around the roads slated for changes have mixed feelings.

Jacob Andrew, a Johns Island resident, said he's excited about how the road project will help with traffic.

"It’s going to work," he said. "They could get it 50 percent right, and it would be better than the way it is now."

However, he worries about how traffic volume will only continue to increase around where he lives off Main Road as more people continue to move to the Lowcountry.

Census data shows the population of Johns Island's specifically surged from roughly 15,100 people in 2010 to almost 22,900 in 2021. More than 25,000 people are estimated to live on the island today.

The county will most likely be back to the drawing board in 10 years to come up with another solution, Andrew said.

Andrew is also unhappy the county cut plans for a bike and pedestrian bridge adjacent to the Limehouse Bridge that was previously included in the project. Nimz said he's met with the state Department of Transportation and is working to add at least a sidewalk to the bridge.

West Ashley resident Jamie Jacobs is looking forward to the changes, but worries congestion may remain as Main Road and Highway 17 are highly trafficked roads for people coming from West Ashley, Ravenel and Johns Island.

Ultimately, she said if the flyovers and interchange allow for commuters to no longer wait at the red light at the intersection of Main Road and Highway 17 for an hour, residents will be much happier.

Officials expect the project to be complete late September 2028.

Charleston County School District staff weigh options for West Ashley growth

CHARLESTON, S.C. (WCSC) - Charleston County School District staff could shift certain operations in West Ashley as families begin to feel the impacts of current and projected city growth.The City of Charleston reported a total population of 162,499 in 2024, with 71,648 people located in West Ashley. This nearly doubles the peninsula, sitting at 36,867.City leaders project West Ashley to reach 1 million inhabitants within the next few decades with changes in commercial and residential development on the way.“Most of...

CHARLESTON, S.C. (WCSC) - Charleston County School District staff could shift certain operations in West Ashley as families begin to feel the impacts of current and projected city growth.

The City of Charleston reported a total population of 162,499 in 2024, with 71,648 people located in West Ashley. This nearly doubles the peninsula, sitting at 36,867.

City leaders project West Ashley to reach 1 million inhabitants within the next few decades with changes in commercial and residential development on the way.

“Most of the complaints I’ve heard have been related to the mobility issue, the inability to move. When you go places, it is very crowded,” Board of Trustees member Leah Whatley said.

West Ashley sits within Constituent District 10 and is the foundation for 10 schools.

Families within public education say the increase in traffic holds a trickle-down effect. One parent, with children in third and fourth grade, said the traffic can impact their students’ route to school by doubling the drive times. This can lead to issues with tiredness and interfere with extracurricular activities.

“It goes well beyond West Ashley; the growth throughout Charleston County has affected a number of our schools. With traffic to and from school, it’s affected bus routes and the duration of time people are on buses. We’ve seen it across the district, West Ashley has been rising as of late,” Chief Operating Officer Jeff Borowy said.

The district believes increasing bus ridership could be a mediator. The district is among the few with a large number of bus drivers, but Borowy said the students on board only fit half the capacity.

Borowy said any student on a late bus would not be penalized, and the district records which buses are consistently tardy to monitor “hot spots.”

“The ultimate goal is to want parents to be comfortable and safe and say, ‘I’m going to put my kid on the bus, I’m good to go’ to reduce the number of cars on the road,” Borowy said.

Parents suggested in the summer of 2024 and again in March 2025 that the district consider building a new school or redrawing district lines to allow zoning that eases transportation concerns.

The district is not considering either option because none of the schools are at a point of overcapacity.

“When I moved here 11 years ago, I was told right away, ‘You’ve got to build a new school on Savannah Long, because the kids are coming.’ The homes are not there. We would have had an empty school if we built one back in the day,” Borowy said.

Borowy said there is property, formerly the C.E. Williams Middle School, to use as a backup if space is needed to build a new school. The district would also consider the Savannah Long property near Drayton Hall as a short-term expansion option.

The district is offering community input for projects in a special buildings funding program through 2029.

If needed, Borowy said any project within the new program could be started two years before. The master plan will be released in Spring 2026.

“The school district isn’t directly responsible for the roads’ situation. We don’t have the authority to widen roads or add additional roads,” Whatley said. “These days, everyone is frustrated by the traffic. If something goes wrong in the area, it creates a nightmare for everybody.”

Whatley expects to bring the topic up through a board discussion and public comment period in April.

Copyright 2025 WCSC. All rights reserved.

Hicks: Look inward, West Ashley — or get ready for even longer commutes and more traffic

When Charleston annexed Long Savannah in 2007, the massive planned subdivision came with promises of developer-funded roads.That was meant to alleviate concerns about the congestion that would come with the city’s biggest expansion since Daniel Island.Nearly two decades later, the 4,500-home development is finally on the way — but without the “h” in “Savanna,” as The Post and Courier’s Teri Errico Griffis notes.And without any new roads.As Griffis recently reported, there ...

When Charleston annexed Long Savannah in 2007, the massive planned subdivision came with promises of developer-funded roads.

That was meant to alleviate concerns about the congestion that would come with the city’s biggest expansion since Daniel Island.

Nearly two decades later, the 4,500-home development is finally on the way — but without the “h” in “Savanna,” as The Post and Courier’s Teri Errico Griffis notes.

And without any new roads.

As Griffis recently reported, there are nearly 6,000 new housing units planned for the outer rim of Charleston’s largest suburb. Which is scary.

That's because there are no accompanying plans for new highways or parkways to handle all the new traffic that will follow. Studies suggest that many houses will add thousands of car trips to existing roads every day.

Locals are rightly concerned.

In the past few years, West Ashley has grown three times as fast as the national average, as anyone who drives around the area knows. Look at the numbers.

The S.C. Department of Transportation’s average daily traffic count for Savannah Highway between Interstate 526 and Savage Road rose by 5,000 cars — to nearly 57,000 — between 2021 and 2023.

At the same time, Glenn McConnell Parkway and S.C. Highway 61 are up 4,000 cars each.

More than 20% of West Ashley roads are over-capacity already, and all this new building isn't going to help. In fact, it’s about to bring the bustling suburb to a standstill.

There’s little DOT can do here — Savannah Highway and 61 can’t be widened, and Glenn McConnell recently got a decent upgrade. Plans call for intersection improvements throughout the area, and barriers to prohibit left-hand turns to keep traffic flowing.

Some local officials have encouraged more mass transit, and suggested more people walk or ride bikes. But Savannah Highway is dangerous enough for people in cars — a disturbing number of people often don't even brake for its numerous red lights.

All this uncertainty and overcrowding adds to the consternation of residents. They are griping pretty loudly, which is understandable.

But they also rejected plans to extend 526 onto Johns Island, which would have gotten an estimated 15,000 cars off West Ashley roads every day. Don’t expect to see those plans resurface again anytime soon.

So what’s a growing Charleston suburb to do?

Lacking any better alternatives, many folks simply blame local officials for allowing all this development without the accompanying infrastructure. Sometimes that’s even appropriate.

South Carolina is a state that foolishly doesn’t require necessary infrastructure to be in place before development like, say, Georgia.

But many of these plans — including Long Savanna, which accounts for 75% of the new homes planned for West Ashley — were approved years ago, back when the region was hungry for an expanded tax base … and long before serious gridlock was an issue.

There's one solution, which Charleston County Councilman and West Ashley native Brantley Moody explains quite well.

“Eighty-four percent of our residents leave West Ashley at 7:30 every morning and come back at 5 p.m. The longer they have to commute, it keeps exacerbating our traffic problems,” he says. “I’m an infill guy. I believe we need to build where there’s already infrastructure, where people have grocery stores, shops and restaurants nearby, even within walking distance.”

The site of the former Ryan’s restaurant and Food Lion on St. Andrew’s Boulevard (Highway 61) is the sort of redevelopment Moody is talking about.

Developers want to convert that property, just a couple of miles from downtown on a well-established thoroughfare, into a mixed-use development.

You know, like the Sumar Street plan, which the city of Charleston is shepherding along off Sam Rittenberg Boulevard. Which is an infinitely better idea than continuing to throw up new houses toward Jacksonboro.

“Somebody redevelop the Chuck E. Cheese, somebody build at Citadel Mall,” Moody says. “This is where our new development belongs.”

Not, he says, along Church Creek — where more homes only increase flooding … which in turn requires expensive fixes that take money away from other infrastructure.

The county is helping the St. Andrews Fire Department build a new station near the creek, which redevelops a property that otherwise might've been filled with dozens of new single-family homes.

That’s smart. The city and county need to do more to discourage development in such areas, mostly by encouraging it in places in serious need of suburban renewal.

All it takes is a private developer with a lot of capital and a little vision … and it really doesn’t even take much of that. West Ashley has already proved it's a popular choice for new residents.

But if its traffic woes continue, that won’t always be the case.

Proposed rezoning of Storybook Farm to allow condo development in West Ashley

CHARLESTON, S.C. (WCSC) - The Charleston County Planning Commission will be taking another look at a potential rezoning for a farmland property to allow for a multi-family residential community.The 10-acre Storybook Farm property sits at the intersection of Bees Ferry Road and Bear Swamp Road and is currently zoned R-4, which allows for 4 homes per acre. If the rezone were to happen, it would be changed to the Storybook Farm Planned Development and would allow up to 144 housing units total.The plans say that this will be a cond...

CHARLESTON, S.C. (WCSC) - The Charleston County Planning Commission will be taking another look at a potential rezoning for a farmland property to allow for a multi-family residential community.

The 10-acre Storybook Farm property sits at the intersection of Bees Ferry Road and Bear Swamp Road and is currently zoned R-4, which allows for 4 homes per acre. If the rezone were to happen, it would be changed to the Storybook Farm Planned Development and would allow up to 144 housing units total.

The plans say that this will be a condominium community and include six four-story buildings with 24 units in each.

At the initial presentation to the planning commission in February, the proposal said that Storybook Farm is designed to meet the demand for both workforce and market-rate housing, with a focus on the “missing middle” price point.

The developer said that the units would be for sale only, not for rent with a goal of keeping prices attainable. He said the starting price point could be $300,000.

Proposed plans also say that 5% of the units would be deed-restricted as workforce housing, which means that those units would remain attainable even if market prices increase over time.

The proposal also includes amenities that tie in the farm property’s features. Those include a farmstand gathering space where residents will be able to purchase produce as well as community gardens where residents can grow their own plants and vegetables.

Other amenities proposed include a dog park, walking trails and enhanced parking and access for Light of Christ Ministries Church, which sits next to the property.

West Ashley resident LaDon Paige says she has lived off of Bees Ferry Road for almost 20 years and is not against development, but would like to see it done responsibly.

“I just don’t know that increasing density is going to do us any favors. We have a lot of traffic already, there are concerns with that. There is concern about losing greenspace,” Paige says. “There is already zoning in place in R-4. I am opposed to rezoning that. I think there could be better uses for that property. I don’t know what the county could do. I mean, maybe even a fire station would be great. We have that small little fire station for St Andrews, but that would be something that would not allow as much density, would not allow as much traffic, but could also be an asset to the entire community.”

Angie Murto, another long-time West Ashley resident and local realtor, says she believes that the area could support homes with the current R-4 zoning, but that the number of units proposed in the planned development is too much.

“They have the R-4 zoning there for single-family homes, four per acre, which I think we can handle that. When we’re trying to do the multi-family, I just think it’s too much density for that area,” Murto says. “As a realtor I am looking at the market all the time and you know we want development cause we need it and Charleston is a very hot place to move to but we need to do it responsibly and pay attention to the infrastructure and make sure we have enough resources for those who are coming here and those who already live here.”

Justin James grew up in West Ashley and says he has long-term concerns if more development is brought to the area.

“What is traffic going to look like right? What is all of this going to look like 10, 15 years from now? I’m going to tell you, if you think today is terrible with the amount of kids to one teacher in a classroom. If you think it’s terrible trying to get I-526 to I-26 and get to your job on time by 7:30 or 8 a.m. without leaving three hours early, it’s just going to get worse,” James says.

The public is able to fill out a survey about the potential rezoning up until April 10. You can find the link to it here.

This rezoning will be brought before the planning commission again on April 14.

Copyright 2025 WCSC. All rights reserved.

New details released about toddler found alone in West Ashley near busy intersection

WEST ASHLEY — The Charleston County Sheriff's Office has released new details about a March 3 incident when a toddler was found alone in a vacant lot near a busy intersection during rush hour.According to the incident report provided March 5, deputies responded just after 5 p.m. on March 3 after being called by a woman who spotted the child whi...

WEST ASHLEY — The Charleston County Sheriff's Office has released new details about a March 3 incident when a toddler was found alone in a vacant lot near a busy intersection during rush hour.

According to the incident report provided March 5, deputies responded just after 5 p.m. on March 3 after being called by a woman who spotted the child while driving to work.

The Good Samaritan stopped to take care of the toddler until emergency workers arrived. She told law enforcement the child was walking — without shoes — through the vacant lot at the corner of Old Parsonage and Ashley River roads.

The lot is across Old Parsonage Road from Wolf Track Bar & Grill and less than 600 feet from Church Creek.

The report said the child is a little girl believed to be about a year old. She was only wearing a long-sleeve shirt and a soiled diaper.

The child had some minor cuts and scratches from walking around, the report said, but no other visible injuries.

Emergency medical personnel took her to MUSC Shawn Jenkins Children’s Hospital. Hospital staff informed deputies that the child tested positive for fentanyl.

A Charleston County Department of Social Services worker took the child into her custody, according to the sheriff's incident report.

The child’s mother, Taylor Gallagher, arrived at the scene after the child had been taken to the hospital, according to a March 4 news release from the sheriff's office.

Both she and her boyfriend, Elio Acanfora Jr., were found to have been complicit in the lack of supervision of Gallagher's daughter. They were both arrested and charged with unlawful conduct toward a child.

Gallagher had a bond hearing on March 4 and received a $100,000 surety bond. Acanfora received a surety bond of $50,000. Both were still detained at Al Cannon Detention Center as of publication.

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