Probate Section of this Website

Probate

Probate is a court proceeding which has two main purposes:

to ensure that any creditor having a claim against the deceased will be paid, if possible.
to ensure that any remaining assets after creditors’ claims and administrative costs are distributed according to the statutes of South Carolina or in accordance with the desires of the deceased.

Should an estate go through Probate?

If the deceased left a Probate Estate, the estate must go through Probate. This is true for individuals who died without a will (intestate) and ALSO for those who died with a will. It is also important to know that Probate in South Carolina may be necessary for residents of other states if the decedent owned any real property in South Carolina.

To learn more about the Probate procedure, please click here.

Do I need an attorney if I am the Personal Representative?

South Carolina is one of the leading states for ease of Probate. Even so, for the most part, Probate is a form-driven legal process which requires adherence to deadlines and for the forms to be completed properly.

Upon the death of a loved one most people are emotionally upset and do not want the responsibility of handling the Probate procedures. Also, being a Personal Representative is usually a once-in-a-lifetime event and most people do not know what is required of the Personal Representative.

Similar to do-it-yourself surgery, you may go through Probate without the assistance of an attorney. But you need to ask yourself if you feel confident enough to do it, and if you are willing to be responsible for the mistakes you may make.

Cutchin Law Firm and Probate

At Cutchin Law Firm we handle all areas of Probate, including going to trial for the estate if necessary. We are very experienced in handling all sizes of estates. But more importantly, we handle Probate cases with the greatest respect for the deceased and with the greatest of understanding for the family and loved-ones who remain and who must undergo the Probate experience.