Probate Administration


If you are here to learn about South Carolina probate after the passing of a loved one, we first want to say that we are very sorry for your loss. We hope that the information you find on this page will simplify any legal and administrative headaches you might otherwise face during such a difficult time. 

With that said, probate in our state is a court-supervised procedure that helps to ensure the legal transfer of assets from the deceased to the rightful heirs or beneficiaries. Probate in Beaufort, Hampton, Jasper and Charleston Counties is also necessary to: 

  • Prove the validity of the will 
  • Appoint someone to manage the estate (The “administrator” if there is no will or the “executor” if there is one)
  • Inventory and appraise the estate property 
  • Pay any debts or taxes (including estate taxes) 
  • Distribute the property as direct by the will—or by the state law if there is no will 

Getting Help: Choosing the Right Attorney for your Probate Case 

The best way to ensure your probate is done right is to choose your attorney wisely. Do not assume that all attorneys are the same! Too many lawyers only “dabble” in probate or trusts. Don’t choose a lawyer who does probate as a sideline because these lawyers often blunder causing real problems for their client and their cases often take longer than those handled by experienced probate lawyers. 

You don’t have to use the attorney who prepared the Will either! Just because a particular attorney prepared the Will, this does not mean that attorney must handle the probate, nor are they necessarily the right person for the job. You need to be comfortable with the attorney and confident that they are the right attorney for you. Choosing your probate or trust lawyer is one of the most important decisions you will make. If you put in the time and effort to find the right lawyer, you will be rewarded with a skillful guide who will help you navigate the probate process. 

Use this link to schedule a complimentary 15-minute consultation to help determine your next best steps.