Experienced Probate Attorneys in South Carolina

At Crawford & von Keller, LLC, we guide personal representatives (also known as estate administrators or executors) through the entirety of the South Carolina probate process. Our attorneys are proud to offer knowledgeable, tailored legal support that helps each fiduciary fulfill their obligations. We strive to help fiduciaries avoid delays, navigate disputes, and manage the estate in a way that complies with South Carolina law and preserves assets for beneficiaries.

You may be navigating probate after the death of a loved one or preparing your own estate plan to make things easier for your family members. Either way, Crawford & von Keller is here to provide practical and responsive legal counsel that is built on a foundation of experience and compassion.

Representing Fiduciaries in the Probate Process

When a loved one passes away in South Carolina, someone is appointed to manage their estate. This individual—often known as the personal representative, executor, or estate administrator—has a legal obligation to collect and protect the Decedent’s assets, settle debts in accordance with South Carolina law, and distribute assets in accordance with either the individual’s will or intestate law.

We support fiduciaries throughout this entire process, offering guidance on:

Filing the will and initiating probate in the appropriate court
Being appointed as the estate’s personal representative
Inventorying and securing fair valuations of estate assets
Notifying beneficiaries and creditors in accordance with state law
Paying debts and taxes
Distributing assets in accordance with Decedent’s will or trust, or in accordance with the South Carolina intestacy statute when applicable
Closing the estate and filing final accountings

Serving as a fiduciary is a significant legal responsibility. If not administered properly, the personal representative’s actions can create significant personal liability. Mistakes, no matter how well-intentioned, can lead to personal liability and fractured relationships. Probate administration is not a situation where it pays off to learn on the fly, or to learn through trial and error; doing so can lead to significant legal and personal consequences.

As the personal representative, you are ultimately responsible for everything that happens regarding the estate and its assets, and that can be daunting. Our team of attorneys can help you meet your obligations with clarity and confidence, ensuring your loved one’s wishes are honored, while protecting you from potential liability. In doing so, we help you protect your interests while you protect the interests of the estate and its beneficiaries.

Understanding South Carolina Probate Procedures

In South Carolina, there is informal and formal probate. The majority of probate cases in South Carolina are informal due to their uncontested nature. If there is a contest to the will, or other legal issue, then formal probate will likely be required.

Informal probate takes at least 8 months to complete, and if contested, it can take much longer (that is why having a legitimate and validly executed estate plan prior to death is so important). This is mostly due to the creditor claim period, which is 8 to 12 months depending on when the estate was opened. The personal representative must notify creditors and provide all pertinent information to known heirs and devisees. The personal representative is required to make a formal inventory of the decedent’s assets and secure fair valuations of each asset. The estate then remains open until expiration of the creditors’ claim period. After all debts and taxes have been paid from the estate’s assets, the personal representative can move forward with closing the estate. This involves providing final accounting of the assets’ estates, releasing property to the beneficiaries, and applying for settlement of the estate. Once the court approves of the accounting and the distribution of estate assets, the estate is closed and the personal representative is discharged.

Common Issues We Can Assist Fiduciaries With

During probate, even in families where everyone is generally in agreement with the decedent’s final wishes and has good intentions, issues may arise. This is an emotionally charged time that can bring out lingering family disputes, and as personal representative, you must be able to navigate them appropriately. Our team can assist with:

Missing or unclear wills
Disagreements among heirs or beneficiaries
Real estate or business assets that have to be sold so funds can be distributed to beneficiaries
Disputes over asset ownership
Disputes over the Personal Representative’s actions
Requests for detailed accountings
Resolving final debts and taxes

We take a proactive approach to probate administration to address issues early and avoid unnecessary, lengthy litigation. This allows you to focus on honoring your loved one’s legacy.

Discuss Your Next Steps With Crawford & von Keller

With our experience, commitment to professionalism, and tailored approach to providing client solutions, Crawford & von Keller brings in-depth knowledge and practical guidance to each probate administration we handle. Contact our office today to speak with a probate attorney to plan your next steps—just call us at 803-764-7423 or send us a message online now.