Lowcountry Law Office

on Aging, Mental Health &

Disabilities, LLC

1024 eWall Street
Suite 100
Mt. Pleasant, SC 29464
ph: 843.416.1102
acf@lowcountrylawofc.com

The Probate Process:

Handling the Probate and Estate Administration Process

Probate is the process that is designed to see that a deceased person's debts are addressed and assets are passed on appropriately to loved ones. The process usually begins with naming a personal representative who is responsible for the administration of the deceased's property. The probate process can be complex and time consuming — especially during a time of grief and loss.

If you have lost a loved one, you want to spend time with your family. This is a time of emotional adjustment for you and the people you care about. At the Lowcountry Law Office on Aging, Mental Health & Disabilities, LLC, we encourage you to contact us so we can handle the legal end of things and you can focus on being with those you love.

How Long Does Probate Take?

Why is it necessary to probate an estate?

Estates must be probated whether or not there is a Will. It is necessary to probate an estate in order to legally transfer ownership of property, especially real estate, so that the deed for it is in the name of someone who is living and the property can be sold.

What documents do I need to bring when making an appointment to initiate the probate of an estate?

A certified copy of the death certificate (with raised seal), a copy of the funeral program, a list of the names and addresses of all living blood relatives.

How long does it take for an estate to go through the probate process?

It takes approximately one (1) year for an estate to go through the probate process. When an estate is opened, there is a notice to creditors published in a local newspaper. Potential creditors have an eight (8) month time period in which they can make a claim against an estate. If they make a claim that is valid, the personal representative of the estate can pay the claim; if the personal representative does not believe that the claim is valid, then they can deny the claim. A probate judge will whether or not the claim is valid based upon the evidence presented during a hearing.

What Has to Be Done in Order to Probate A "Simple" Estate?

A Petition, the Original Will (if one exists) and a Certified Copy of a Death Certificate Must be Submitted to the Appropriate County Probate Court in Order to Open an Estate;
Filing Fees and Creditor's Notice Fees Must be Paid;
The Information to Heirs and Devisees and the Inventory and Appraisement Must be Prepared, Properly Executed, and Filed;
Claims Must Be Handled;
Assets Must be Re-Titled and Disbursed;
A Notice of Right to Demand Hearing, Receipt and Release, Deed of Distribution, Petition for Settlement, Interim and Final Accountings, and Petition for Discharge Must all be Prepared, Executed and Filed in Compliance with All Deadlines in Order to Close the Estate.

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1024 eWall Street
Suite 100
Mt. Pleasant, SC 29464
ph: 843.416.1102
acf@lowcountrylawofc.com