05. PROBATE LAW
Probate is the court-supervised process of administering an estate following an individual’s death. It involves validating a will, gathering, and valuing assets, satisfying debts and taxes, and distributing property to beneficiaries or heirs.
In South Carolina, probate is handled by a dedicated Probate Court in each county, which oversees estates, wills, trusts, and related matters. Probate is not required for all cases depending on how the decedent’s assets are titled. Property held jointly with rights of survivorship, accounts with designated beneficiaries, assets in a trust, and certain other non-probate assets may pass outside of the probate process. Although not required, legal representation can assist in ensuring compliance with applicable laws and procedures, particularly in estates involving complexity or dispute. Moore Bradley Myers attorneys are knowledgeable and ready to assist you.
How we can help:
Wills
Estate Planning
Trusts
Creditor Claims
Healthcare Power of Attorney
Inventory Filing
Property Distribution
Download our helpful Probate Law Frequently Asked Questions and Glossary of Terms.
Probate Law
1
Personal Represenatative
The personal representative is responsible for
managing the estate, including filing an inventory
within 90 days, notifying interested parties,
collecting, and protecting assets, paying valid debts and expenses, and distributing the remaining property in accordance with the law. The personal representative has a fiduciary duty to the estate and its beneficiaries to ensure the estate is distributed properly.
3
Estate Planning
Estate planning is about more than distributing assets—it’s about protecting your family, preserving your legacy, and ensuring your wishes are honored with clarity and confidence. Our firm helps individuals and families create comprehensive, customized estate plans that reflect their unique goals and circumstances. From drafting wills and trusts to establishing powers of attorney and advance healthcare directives, we guide clients through every step with thoughtful counsel and attention to detail. We also assist with minimizing tax exposure, avoiding probate where possible, and planning for incapacity, giving you peace of mind today and security for the future.
2
Probate Process
Some estates may be administered within several
months, but most probate cases require an 8 month creditor claim period and take 9–12 months on average and can extend longer depending on the complexity of the assets or disputes between/among beneficiaries.
4
Wills & Trusts
Wills and trusts are the foundation of a well-structured estate plan, ensuring your assets are distributed according to your wishes while protecting your loved ones from unnecessary complications. Our firm works closely with clients to draft clear, legally sound wills and establish trusts tailored to their specific needs—whether for asset protection, minor children, special needs planning, or probate avoidance. We take the time to understand your goals and provide strategic guidance on the most effective tools to preserve your legacy, minimize potential disputes, and create a seamless transfer of wealth.