Probate Call Jeff Johnson - The Name You SHOULD Know

Horry County Probate Lawyer

Probate is the legal court process of settling the estate of the deceased. Probating a loved one’s estate involves many complex steps to ensure that the decedent’s wishes are properly fulfilled and the title of the property passes to the proper heirs. The purpose of probate is to prevent fraud after someone’s death. 

The probate process differs depending on whether the deceased person died with or without a will. Every case is different, based on the unique circumstances of the deceased person’s assets, liabilities, and estate plan. Because of this, probate requires a knowledgeable approach for proper administration. If you have been appointed as the executor/personal representative or need to be appointed as such in a required probate, our attorney and team are here to guide you through the process. 

Book a free initial consultation with our Horry County probate attorney at Jeff Johnson Law to discuss your legal needs and concerns today. You can reach us online or at (843) 202-4776. 

Understanding the Probate Process in South Carolina

The probate process in South Carolina is a legal procedure that ensures the deceased person's estate is properly administered. This involves verifying the will (if one exists), paying debts, and distributing assets to beneficiaries. Here’s what you need to know:

Overview of the South Carolina Probate Court System

  • Probate cases in South Carolina are handled by the Probate Court, which is a specialized court for handling estates, wills, guardianships, and conservatorships.
  • Probate courts are found in each county, including Horry County.
  • The probate process ensures that the deceased person's estate is settled according to the law and any valid will.

How to Initiate Probate in Horry County

  • Probate is initiated by filing a petition with the Horry County Probate Court.
  • If there is a will, it must be presented to the court. If there is no will, the court will appoint an administrator for the estate.
  • In Horry County, you’ll need to file documents like the death certificate, a list of assets, and the will (if one exists).
  • The Personal Representative (Executor) is appointed by the court to manage the estate.

Key Timelines and Deadlines

  • Filing for probate: Should be done within 30 days of the decedent’s death.
  • Probate duration: It can take anywhere from 6 months to a year depending on the complexity of the estate.
  • Creditor notifications: Creditors must be notified within 8 months of the decedent's death.

Dying With or Without a Will

Testate vs. Intestate Estates

  • Testate: If the decedent has a valid will, their estate is considered testate. The probate court will validate the will and follow its instructions.
  • Intestate: If there is no will, the estate is intestate. In this case, South Carolina’s laws of intestate succession determine how assets are distributed.

What Happens if Someone Dies Without a Will?

  • Without a will, the probate court will appoint an administrator to manage the estate.
  • Assets are distributed according to the state’s intestacy laws, which prioritize close relatives like spouses, children, and parents.

Importance of Having a Valid Will

  • A will helps to avoid delays, reduce the likelihood of disputes, and ensure assets are distributed according to the deceased's wishes.
  • Having a valid will makes the probate process smoother and more predictable.

Roles and Responsibilities of the Executor/Personal Representative

The Executor (or Personal Representative) is responsible for managing the estate through the probate process.

Duties of an Executor in Horry County

  • Identify and secure assets: Locate the decedent’s assets and protect them until they are distributed.
  • Pay debts and taxes: Settle any outstanding debts and file tax returns on behalf of the estate.
  • Distribute assets: After debts and taxes are paid, distribute the remaining assets to the beneficiaries as outlined in the will.

Appointment of an Executor

  • The testator (person making the will) typically names an executor in the will.
  • If there is no will, the court appoints an administrator to perform the same duties.

Legal Obligations

  • Executors must notify creditors about the death and provide a timeframe for submitting claims.
  • They must also inform all beneficiaries of the probate proceedings and provide an accounting of the estate’s status.

By understanding these key aspects of the probate process in South Carolina, including the roles of executors and the implications of having or not having a will, you can navigate the probate process more confidently.

Book a free initial consultation with our Horry County probate attorney at Jeff Johnson Law to discuss your legal needs and concerns today. You can reach us online or at (843) 202-4776. 

Frequently Asked Questions (FAQ) About Probate in Horry County

  • How long does the probate process take in Horry County?
    The probate process can take anywhere from 6 months to a year depending on the complexity of the estate. If there are disputes or issues with the will, it could take longer.
  • What is the difference between probate and a living trust?
    Probate is the legal process of administering a deceased person’s estate, which may involve the court. A living trust allows for assets to pass directly to beneficiaries without going through probate, which can save time and money.
  • Can I avoid probate if I am the beneficiary of the estate?
    If the decedent's assets are in a revocable living trust or are jointly owned with rights of survivorship (like joint bank accounts or real estate), they may not need to go through probate. However, assets solely owned by the decedent will require probate.
  •  Do I need an attorney for probate in Horry County?
    While you are not required by law to hire an attorney, the probate process can be complex, especially if there are disputes or complicated assets. Hiring an experienced probate attorney can help ensure the process goes smoothly.

Client Testimonials

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    How Probate Works in South Carolina

    The probate process is done to settle the deceased person’s estate under the supervision of the court. If the deceased person died with a will, the first step is to deliver the will to the probate court. The will can then be verified by the court and the estate will be handled according to the will instructions. If the person died without a will, the estate will be settled according to South Carolina inheritance law as determined by the court.

    Only assets subject to probate will be handled in probate. These assets can include:

    • Real estate
    • Bank accounts
    • Investment accounts
    • Vehicles
    • Personal belongings, such as jewelry, art, collectibles, furniture, and more
    • Interests in businesses, such as through partnerships or corporations
    • Life insurance policies that are not listed as payable upon death
    • Any other valuables owned by the deceased person

    Some assets will not need to go through probate, such as accounts with a named beneficiary, including retirement accounts and insurance policies, assets held in trusts, pension plans, and anything designated transfer-on-death or payable-on-death.

    The probate process has many steps as follows:

    • Locate and collect all assets belonging to the deceased person, and identify any debts or obligations that are associated with these assets
    • Determine who is legally responsible for managing the estate, known as an executor or personal representative
    • Open an estate account and deposit all assets into it
    • Notify creditors of the deceased’s death
    • Publish notice of probate proceedings to potential beneficiaries
    • Appraise estate property as necessary according to state law
    • Collect due taxes on behalf of the deceased from government agencies such as Social Security, IRS, Veteran Affairs, etc.
    • Pay off any debts and obligations that are associated with estate property
    • Distribute remaining assets according to will or via intestacy laws (when no will exists)
    • Close all accounts opened during the probate process

    Book a free initial consultation with our Horry County probate attorney at Jeff Johnson Law to discuss your legal needs and concerns today. You can reach us online or at (843) 202-4776. 

    As you can see, the probate process can be complicated and lengthy. As the appointed administrator of this process, you will be required to complete all steps according to the law while acting in the best interests of the heirs and beneficiaries. 

    At Jeff Johnson Law, we are here to walk you through the process and help you complete all the steps. You can depend on thorough, competent, and caring legal assistance from start to finish.

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