Probate Administration

Probate Administration is the legal process that happens after someone dies. During the probate process, the Probate Court makes sure the person’s money, property, and belongings are given to the right people and that any debts are paid.

Ready? Use the link to schedule a consultation Greenville, SC Probate Administration Lawyer, Tripp Atkins, or call or text Tripp at 864-558-0512?

Probate Administration is a Step-by-Step Process in South Carolina

1. Filing with the Probate Court
After a person passes away, the estate is opened in the South Carolina Probate Court for the county where the person lived. If there is a will, it is filed with the court. If there is no will, South Carolina law determines who inherits the estate.

2. Appointment of a Personal Representative
The court appoints a Personal Representative (we used to call this position then executor) to manage the estate. If the will names someone, the court typically appoints that person. If there is no will, the court appoints a qualified personal representative (South Carolina law defines the priority for who can serve in this role).

3. Gathering and Valuing Assets
The Personal Representative identifies, collects, and safeguards all probate assets. This may include bank accounts, vehicles, real estate, and personal property. An inventory of the estate is filed with the court.

4. Notice to Creditors and Payment of Debts
South Carolina law requires notice to creditors. Creditors have a limited time to make claims against the estate. Valid debts, final expenses, and taxes are paid from estate funds.

5. Distribution to Heirs or Beneficiaries
Once debts are paid, the remaining assets are distributed according to the will or, if there is no will, according to South Carolina’s intestacy laws.

6. Closing the Estate
After all required tasks are completed, the Personal Representative files final paperwork with the probate court. Once approved, the estate is officially closed.

How Long Does Probate Take in South Carolina?

Most probate estates in South Carolina take at least a year to complete, depending on the size of the estate, whether there are disputes, and how quickly required steps are completed.

Do All Assets Go Through Probate?

No. Some assets pass outside of probate, such as:

  • Property held in a trust

  • Accounts with named beneficiaries

  • Jointly owned property with right of survivorship

Why Work With a Probate Attorney?

Probate involves court filings, deadlines, and legal responsibilities. An experienced probate attorney can:

  • Guide the Personal Representative through the process

  • Help avoid delays and mistakes

  • Resolve disputes

  • Ensure compliance with South Carolina law

  • Save money and time in the long run

What information will you need?

When preparing for your meeting with a probate attorney (or your initial meeting with a Probate Court judicial assistant), you should begin collecting the following information:

  1. The original Last Will and Testament of the deceased person

  2. A certified copy of the death certificate

  3. A copy of the obituary

  4. locate the decedent’s date of birth and social security number

  5. A receipt to show the funeral expenses have been paid in full

  6. Names, addresses, telephone numbers, email addresses, dates of birth (and dates of death when applicable) of the spouse, children, and other heirs of the decedent

  7. A list of personal property (bank accounts, vehicles, jewelry, etc.) owned by the decedent

  8. A list of real estate (houses and land) owned by the decedent

What is the next step?

Your next step is to schedule a consultation with Tripp to discuss the estate and the probate administration process.

When you are ready, use the link to schedule a consultation Greenville, SC Probate Administration Lawyer, Tripp Atkins, or call or text Tripp at 864-558-0512?