Yes, an estate generally has to go through probate in South Carolina. This rule also applies to small estates and those who have died intestate (without a will). However, an estate’s assets may not have to go through probate if the decedent had a living trust in place upon their passing.

In this article, a Conway probate attorney at RiverTown Law Group, LLC addresses when an estate has to go through probate in South Carolina. We also share information about avoiding probate and how to determine if legal representation could help you.

How Does South Carolina’s Probate Process Work?

Probate is the process of settling and closing out an estate after someone passes away. You must probate an estate in South Carolina regardless of its value. The only exception is if all assets were placed into a trust before passing.

The following assets generally need to go through probate:

• Residential property
• Jointly held property
• Business ownership interests

The personal representative will need to file several legal pleadings when initiating proceedings. Probate involves settling accounts, transferring inheritances, and closing out your loved one’s estate.

How Do You Avoid Probate in South Carolina?

You avoid probate by placing all assets into a Revocable Living Trust (RLT) before death. This outcome is due to trusts not having to go through probate in South Carolina.

However, to avoid it, you must place all assets into the trust while alive. Otherwise, an appointed personal representative will have to probate the estate.

You can safeguard your estate further by drafting additional legal documents, such as Advanced Directives, Powers of Attorney, and Pour-Over Wills. These documents give you greater control over your end-of-life affairs. A probate attorney can help you determine which documents best support your estate planning objectives.

Do I Need a South Carolina Probate Lawyer?

The South Carolina Probate Code under Title 62 does not require you to hire an attorney. However, people hire probate lawyers for several reasons, typically unique to the facts of the estate, family dynamic, and other relevant details.

You may want to consider legal representation if any of the following scenarios apply to your situation:

• Contested wills
• Tricky family dynamics
• Estates of $25,000 or more
• Large bequeathments
• Assets not listed in RLT at death
• Or simply wanting legal advice

All cases are unique, making determining if legal representation makes sense for your situation difficult. The most direct way to find out is by contacting a probate lawyer for advice.

Learn More During an Initial Consultation

The Conway probate attorney at RiverTown Law Group, LLC welcomes you to contact our office for an initial consultation. Schedule yours by calling 843.488.5600