What is Probate?

Charleston Probate and Estate Administration Attorneys

The death of a family member can be emotionally taxing, and the added responsibility of having to deal with that loved one’s personal affairs can be overwhelming. During this trying time you should consider having a Charleston probate and estate attorney help you through the probate administration process. Our Charleston Probate and Estate Lawyers are committed to providing comprehensive legal advice and representation relating to probate and estate administration for each of our clients. Our probate lawyers will work to move your loved one's estate through probate in an efficient and orderly manner.


Probate is a court-supervised process that takes place after someone dies. Generally, probate sorts out the transfer of the deceased person’s property. Usually, a personal representative is named in the will, but if one is not, the probate court will appoint one. It is the personal representative’s responsibility to identify and inventory the deceased person's property and have the property appraised. In addition, the personal representative is responsible for paying the debts and taxes out of the estate and distributing the remaining property as the will or South Carolina Probate law directs. Sometimes, the decedent owes money to creditors and those creditors have rights with respect to the estate assets.  The probate process requires quite a bit of paperwork and many times family members need representation in probate court by attorneys. Usually, the estate pays attorney and court fees.

There are a few different types of probate. The nature of the estate left behind determines which type of probate is required. In addition there are some types of property that can avoid the probate process entirely. For example, life insurance benefits and retirement accounts may not have to go through probate.  For help with these and other probate and estate issues, contact our Charleston Probate Attorneys today.


Our Charleston Probate and Estate Attorneys help families through the probate and estate administration processes in Charleston, Berkeley, and Dorchester Counties. From opening the estate to the final distribution of estate assets, our Charleston Probate Lawyers will be there to help you. We represent families whose loved ones executed wills before their death as well as those who died intestate, or without a will.

Our probate lawyers are sensitive to the fact that disputes can arise among a decedent's surviving family members, and we can help you work through those disputes and make sure the estate assets pass to those who should receive them. We will do our best to make sure the probate process runs as smoothly as possible.