Probate Lawyer in Myrtle Beach, SC

Having an established estate plan to distribute your assets upon death is one of your responsibilities in adulthood. If you have a spouse, kids, grandchildren, or other close family, an air-tight estate plan is even more important. Unfortunately, many individuals avoid planning for the inevitable and die without a will. This can lead to severe consequences, such as family conflict and preventing your family from properly grieving without the undue stress of figuring out what to do in your absence.

Bespoke Estate Law has helped many families prepare for and navigate the probate process in Myrtle Beach and elsewhere in South Carolina. For a free initial consultation, please give us a call or send us a note. We will respond right away.

What is Probate in SC?

Probate is the legal term for how your estate is distributed after death. Probate administration is a court-supervised process. During probate, a deceased person's assets are distributed to their heirs upon death. This process can differ depending on whether the deceased died with or without a valid will. If there's a valid will, the deceased person's assets will be distributed according to their wishes as described in their will. If the deceased individual died without a will or 'intestate", their assets will be distributed according to South Carolina state law. Probate can be a lengthy and costly process, even for a simple estate. Increased complexity and size of the deceased's estate can exacerbate the requirements of the probate administration.

What Does a Probate Lawyer Do? 

A Probate lawyer should have extensive experience in the probate process, particularly the various county-specific requirements. While SC has a unified Probate Code that all counties are required to follow, in reality, this is not the case. Counties often have their own requirements that are in excess of those specifically enumerated in the Probate Code. A Myrtle Beach estate planning lawyer can assist you with the legal documents and strategies required to develop a comprehensive estate plan tailored to your needs that can avoid probate altogether.

Why Do I Need A Will?

A will is essential to ensure your assets are distributed according to your wishes. With a validly executed will, you can choose where your property goes after your death. Without a will, your property will pass intestate and be distributed according to state law. You should have a structured plan to arrange your assets and ensure they are distributed according to your wishes. Unfortunately, many families argue about who should get what after a loved one's passing. Having a valid will in place helps to prevent family conflict. A will can be used to name a guardian for your children and instruct your family on how to carry out your funeral and other burial wishes. A will takes the guesswork out interpreting your wishes, and helps your family avoid stressful situations.

How Does the Probate Process Work?

The probate process varies depending on whether an individual passes away with or without a will. If the deceased individual has a valid will, the executor shall distribute their assets according to the will's terms. With the help of a probate lawyer, they will submit the necessary documentation to the court and distribute the estate's assets. The probate process usually involves several steps, including:

Filing a petition

An individual must file a petition with the deceased's local probate court. This individual can be a creditor, a beneficiary, or a named executor. The court will provide the individual looking to file the petition with the necessary forms but can't offer legal advice.

Validating the will

The probate court will determine if the will is legally valid. SC law requires an individual to adhere to strict legal guidelines while creating their will. Failure to do so may render the will invalid.

Appointing an executor

Once the will is validated, the court will appoint an executor to manage the estate. 

Settling Debts

Once all debts and taxes are paid from the estate, the estate will be distributed to the beneficiaries.

The will's executor is often tasked with completing probate administration entirely on their own, although joint executors may also be named. The executor is responsible for a variety of tasks, including:

• Notifying all creditors of the decedent's death and giving them the opportunity to file their claims against the estate

• Reviewing claims against the estate and paying all valid claims from the estate's funds

• Creating a detailed inventory and appraisement of all estate assets

• Safekeeping all assets during the probate process

• Creating a final accounting detailed all funds which were transferred into and out of the estate

Depending on the number of beneficiaries, the type of property, and the legal claims against the estate, the process can take several months to several years to complete. A skilled Myrtle Beach probate lawyer can help you navigate the process effectively by eliminating common errors that lead to additional cost and time.

Contact The Probate Attorneys at Bespoke Estate Law

At Bespoke Estate Law, our experienced Myrtle Beach probate attorneys skillfully navigate the probate process, and can customize an estate plan to eliminate probate entirely. We offer a complete catalog of estate planning services in Myrtle Beach, including:

• Will Creation

• Trust Creation

• Powers of Attorney

• Healthcare Directives

• Business Law

We will work closely with you and your family to understand your wishes, family dynamics, and other important information that may impact the probate process. Our client-first approach and availability to answer all your questions and concerns sets us apart.

Call us at (843) 999-0799 for a no-cost initial consultation to discuss your estate planning options. You can focus on protecting your loved ones by leaving the legal work to us.