

Probate
Probate Lawyer in South Carolina: Understanding the Probate Process
When someone passes away in South Carolina, their estate must go through the legal process known as probate. Probate is a court-supervised procedure that involves validating a will, paying off debts, and distributing the deceased person's assets according to their wishes or South Carolina law. Having an experienced probate lawyer to guide you through this process is crucial, as probate law can be complex, and mistakes can be costly. In this article, we'll explore what probate is, how it works in South Carolina, and how a probate lawyer can help you navigate the entire process.
What is Probate?
Probate is the legal process that occurs after someone’s death. In South Carolina, probate serves several purposes:
- Verifying the will – A probate lawyer helps ensure that the deceased person’s will is valid and properly executed.
- Paying debts – Any outstanding debts or taxes owed by the deceased must be settled before the remaining assets can be distributed.
- Distributing assets – Once debts are paid, the estate is divided among the beneficiaries as outlined in the will or according to state law if there is no will (intestate succession).
- Transferring title of property – Property must be legally transferred to the rightful heirs or beneficiaries, which may require legal filings and property title updates.
In short, probate ensures that the deceased person's assets are properly administered and that their final wishes are honored. While the process is often straightforward, it can become complicated, especially when there are disputes, creditors, or unclear wills. This is where an experienced probate lawyer in South Carolina comes in to assist.
The Role of a Probate Lawyer
A probate lawyer plays a critical role in the probate process, helping the personal representative carry out their duties and ensuring the process is completed in accordance with South Carolina law. Here are the key responsibilities of a probate lawyer:
1. Assisting with Will Validation
When someone dies with a will in place, one of the first steps in the probate process is validating the will. This may involve proving that the will is genuine, that it was signed by the deceased person, and that it was executed in compliance with South Carolina’s legal requirements. A probate lawyer will help ensure that the will is valid, thus preventing any disputes or challenges from heirs or other parties who might contest its legitimacy.
2. Navigating the Probate Court System
Probate in South Carolina is generally handled through the probate court system in the county where the deceased person lived. A probate lawyer will help you file the necessary legal documents with the probate court, such as the petition for probate and the appointment of an executor or personal representative. Without the assistance of a qualified probate lawyer, these forms can be difficult to complete, and errors could delay the process.
3. Managing Estate Assets
A major aspect of probate is identifying, gathering, and protecting the deceased person’s assets. A probate lawyer will assist in locating assets, ensuring that real property, financial accounts, and personal belongings are preserved and properly inventoried. If the deceased owned real estate, the lawyer will help with the transfer of ownership.
4. Paying Debts and Taxes
Probate involves resolving any outstanding debts and paying any estate taxes that may be due. South Carolina requires the payment of estate taxes for estates of a certain value, and failing to address these obligations can result in serious legal consequences. A probate lawyer will guide the personal representative through this step, including notifying creditors, and paying valid claims.
5. Distributing the Estate
Once debts and taxes are settled, the remaining assets can be distributed to beneficiaries. If there is a valid will, this will follow the instructions laid out in the document. If no will exists, South Carolina's laws of intestate succession will dictate how the estate is divided. A probate lawyer will ensure that all distributions are made properly and in accordance with the law, avoiding potential legal issues with heirs or beneficiaries.
6. Handling Disputes and Contests
Probate proceedings are not always straightforward, and there can be disagreements between heirs, beneficiaries, or creditors. Disputes may arise over the validity of the will, the actions of the personal representative, or the distribution of assets. In such cases, a probate lawyer can represent your interests, resolve conflicts, and protect your rights in court if necessary.
The Probate Process in South Carolina
Probate in South Carolina generally involves the following steps:
1. Filing the Will and Petition for Probate
The process begins when the will is filed with the probate court, along with a petition to open probate. If the decedent did not leave a will, an heir must petition the court to begin the process of probate under South Carolina’s laws of intestate succession. If the will is contested, a probate lawyer can help defend its validity.
2. Appointment of Personal Representative
If the will names a personal representative, the probate court will officially appoint this person as the personal representative of the estate. If there is no will, the court will appoint a personal representative according to probate code. A probate lawyer can help ensure that the personal representative has the legal authority to act on behalf of the estate.
3. Inventory and Appraisal of Estate Assets
The personal representative must inventory and appraise all the assets in the estate. This can include everything from real property and bank accounts to personal property and investments. The probate lawyer can help ensure that all assets are accounted for, and properly valued.
4. Notification of Creditors and Payment of Debts
South Carolina law requires that creditors be notified of the probate proceedings and given an opportunity to file claims against the estate. The personal representative is responsible for paying any valid claims before distributing the estate’s assets. A probate lawyer can assist in reviewing these claims to ensure that only legitimate debts are paid.
5. Tax Filing and Payment
Before assets can be distributed, the estate may be required to pay state and federal estate taxes. In South Carolina, an estate tax is only applicable if the estate's value exceeds a certain threshold. A probate lawyer can advise regarding necessary tax returns and ensure compliance with the law.
6. Distribution of Assets
After debts, taxes, and expenses are settled, the remaining assets can be distributed to the beneficiaries. If there is a will, the distribution will be in accordance with its terms. If there is no will, South Carolina law will determine how assets are divided among the decedent's heirs. A probate lawyer will ensure that this final distribution is made properly.
Do You Need a Probate Lawyer?

While it's possible to go through the probate process without a lawyer, there are several reasons why hiring a probate lawyer in South Carolina is highly recommended:
- Complex Legal Procedures – Probate involves a series of legal procedures that must be followed exactly. A probate lawyer is familiar with the rules and procedures, ensuring that nothing is overlooked.
- Contested Wills – If there is any dispute about the validity of the will or a disagreement among heirs, a probate lawyer can help resolve these issues and represent your interests.
- Protecting Your Interests – Whether you are the executor, a beneficiary, or a creditor, a probate lawyer can ensure your rights are protected throughout the process.
- Minimizing Delays – Probate can be time-consuming. A lawyer can streamline the process, ensuring that things are done efficiently and that delays are minimized.
- Tax and Debt Management – Understanding and managing estate taxes and debts is one of the most complex aspects of probate. A probate lawyer can help ensure everything is handled properly and in compliance with South Carolina law.
- Avoiding Probate Court – In some cases, assets may be transferred outside of probate through methods like living trusts, joint ownership, or beneficiary designations. A probate lawyer can advise you on strategies to avoid probate altogether, if appropriate.
The probate process in South Carolina can be overwhelming and complicated, but with the assistance of an experienced probate lawyer, it doesn’t have to be. From validating the will to managing debts and taxes, distributing assets, and resolving disputes, a probate lawyer will guide you every step of the way. Whether you are the personal representative, a beneficiary, or someone seeking information on how probate works, it's essential to work with a lawyer who is well-versed in South Carolina’s probate laws to ensure that the process is as smooth and stress-free as possible.
If you need help navigating the probate process in South Carolina, contact us today to discuss your options and receive the legal support you need to move forward confidently.
Ready to get started? Call us at (803) 548-0332 or click the button bellow.
Disclaimer: The information here is not legal advice nor is there an attorney-client relationship created by reading it. Copyright 2025 by the Law Offices of Brian Robert Murphy, LLC. Our lawyers practice out of our offices at 170 Meeting Street, Suite 110, Charleston, SC 29501, 220 N Main St, Suite 500, Greenville, SC 29601, and our principal office at 2424 India Hook Rd, Suite 160, Rock Hill, SC 29732. On Personal Injury cases we will not charge you attorneys fees unless and until we recover money for our clients. Fees are computed before deducting expenses from the recovery. Court costs and expenses must usually be paid by the client regardless of the amount of the recovery.
Results we obtain for one client does not necessarily mean we can get similar results for other clients.