Estate Probate and Administration

The probate process can be a difficult time for families. It's hard to lose someone you love, and then have to deal with all of the financial and legal complexities resulting from an unadministered estate. The Firm attempts to streamline the estate administration process, and make it as simple, efficient and understandable as possible. The Firm tries to conduct the administration in a way that avoids disputes with creditors and between family members. Estate administration is necessary, and the Firm tries to make it as easy as possible for families to get through it as painlessly and quickly as possible.

Estate administration in the State of South Carolina entails the following:

• File an application for the appointment of a Personal Representative
• Notification of estate beneficiaries and heirs
• Collection of assets, determination of liabilities, and filing of an Inventory and Appraisment with the Court
• Publication of Notice to Creditors
• Payment of legitimate and enforceable estate debts and expenses
• Distribution of assets pursuant to the Will (if any) or according to the laws of intestate succession (the statutes governing distribution if there is no Will)
• Request for approval of the estate accounting and distribution, request for discharge of the Personal Representative and to close the estate

To begin the estate administration process:

• Make an appointment with the Firm. Bring the following documents:
• Certified death certificate
• Original Last Will and Testament and Personal Property Memorandum (if any)
• Names and addresses of all beneficiaries named in the Last Will and names and addresses of the Decedent's heirs (heirs are the persons who would inherit under the laws of intestacy)
• A list of known assets and liabilities

The first meeting between the Firm and the proposed Personal Representative will be an informational session, wherein documents will be reviewed and the plan going forward will be set forth. At the second meeting, documents will be executed that request the Probate Court to appoint the estate Personal Representative. Once the Personal Representative is appointed, the estate can be officially administered.

Formal Proceedings

It is always hoped that estate administration will occur in an uncontested manner. However, this is not always the case as occasionally familial rivalries and dynamics can lead to estate contests. In South Carolina, a contested estate matter is referred to as "going formal." When an estate goes formal, the Probate Court is made aware that there is a contested issue that needs to be resolved through mediation or a court hearing. Going formal can refer to a contest over the validity of a Last Will, the construction of a Last Will, the appointment of the personal representative, the heirship of the Decedent, and a number of other contested issues. The Firm represents both Personal Representatives and estate beneficiaries and heirs in contested matters and always seeks to reach the most satisfactory result in the most efficient manner as possible.

Contact a Greenville County Estate Lawyer at Christopher L. Miller, Esq., L.L.C. today.