Sumter Probate Lawyer

Sumter Probate Attorney

If you’re preparing to settle a loved one’s estate, consider retaining the legal services of a qualified Sumter probate lawyer for all estate planning needs, questions, or counsel. Being in charge of administering your spouse or family member’s estate can be overwhelming, especially since probate laws can often be complex or confusing. An experienced estate planning and probate attorney can guide you through the proceedings during this emotional time.

Whether you need legal guidance as the executor of a loved one’s will during probate or want to contest a relative’s will, the competent team of legal professionals at Kinney Law Firm is prepared to help you every step of the way. Our attorneys are knowledgeable and trained to handle all estate planning matters, including probate, estate litigation, trust administration, creating and drafting a comprehensive estate plan, and designating legal guardians or powers of attorney.

Understanding Estate Planning in South Carolina

Estate planning is a legal process that allows a person to take proactive measures at any stage of life to decide how their property and affairs will be handled after their death or in the event of incapacitation. A person’s estate encompasses their personal property and financial obligations, which can include:

• real estate
• motor vehicles
• business interests, investments, and enterprises
• money in joint accounts, pensions, stocks, bonds, or insurance policies
• tax liabilities, debts from mortgages, personal loans, credit cards, etc.
• personal belongings, such as furniture, jewelry, and artwork

An estate plan may consist of various legal documents, including a last will and testament, as well as trust documents, such as irrevocable trusts and revocable living trusts. These documents help the deceased person’s family, loved ones, and associates understand their wishes for asset distribution and provide other important instructions for settling their estate. A solid estate plan can ensure your assets are protected, prevent familial disputes, and even bypass probate.

How Does Probate Work in South Carolina Estate Law?

In South Carolina estate law, probate refers to the legal proceedings involved in administering a deceased individual’s estate. The main purpose of probate is for the court to facilitate the transfer of the deceased’s titles to their heirs or real estate devisees. Wills are also validated during this legal procedure. The individual designated as executor in the will document is responsible for settling the estate according to the deceased’s instructions.

Not every estate or will is subject to probate, and certain assets may qualify for exemption from the probate process. If a person has a small estate, meaning one valued at less than $25,000, their loved ones can typically proceed with a simplified probate process. Additionally, any assets placed in a living trust are exempt from probate, and distributions from the trust are handled privately outside of court supervision.

Any property that was jointly owned between the deceased individual and a surviving individual doesn’t need to go through probate to be transferred. Paperwork may be required to establish the surviving owner as the sole holder of the property title, but any assets owned in joint tenancy will automatically pass to the surviving owner upon the decedent’s death. This also applies to assets that are payable on death or have transfer on death deeds.

FAQs

Do I Need a Lawyer to Make an Estate Plan in Sumter, SC?

You are not required to hire an estate lawyer in Sumter, South Carolina in order to develop an estate plan, but it is strongly recommended. Having qualified legal counsel can be a great benefit when you’re dealing with complex legal requirements. Your estate attorney can ensure all paperwork regarding your estate plan is legally sound and enforceable, helping to prevent mistakes and avoiding disputes about the validity of your will or trust.

How Much Must an Estate Be Worth to Require Probate in SC?

In South Carolina, an estate worth more than $25,000 may be required to go through the probate process. There are some exceptions to this, however, such as if the majority of the decedent’s estate is composed of jointly owned assets. In this case, there is little need for the probate court’s intervention since the property will automatically pass to the surviving co-owner.

What Assets Are Excluded From Probate in South Carolina?

In South Carolina, assets that are not required to go through the probate process include:

• All property placed within a trust
• Real estate or personal property that is jointly owned with a surviving co-owner
• Life insurance policies and annuities payable to a designated beneficiary
• Money from IRAs or 401(k) accounts with named beneficiaries

What If My Spouse or Relative Didn’t Have a Will?

In South Carolina, if a person passes away without having a valid will in place—known as dying intestate—the property within their estate will go through the probate court and be distributed according to the state’s intestacy laws. The deceased individual’s closest family members are usually prioritized.

The surviving spouse will inherit the entirety of the estate unless the decedent had children, in which case, the spouse will receive half of the estate, and the other half will be split between the children.

Am I Able to Contest a Will in South Carolina?

Yes, you can contest the validity of a will or certain terms within it if you have legal standing in the estate. This would mean you are a recognized interested party in the deceased’s estate, such as a family member, business associate, heir, beneficiary, etc.

Any objections you have during probate proceedings must be submitted to the court in writing. Additionally, if you have concerns about the executor’s administration of the will, you can also litigate such issues during probate.

Qualified Estate Planning and Probate Lawyers

You can trust the skilled legal team at Kinney Law Firm to handle all of your estate planning and probate needs. Contact our office today to schedule an initial consultation with an educated and compassionate probate attorney. We can answer any questions or concerns you may have regarding your own estate or upcoming probate proceedings for a relative.