Probate Attorney in Greenwood, SC

In South Carolina, probate is the legal process by which estates – generally assets and debts – are distributed upon a person’s death. Greenwood has its own probate court and judge specifically assigned to handle estate-related matters in the county. Over the years, the dedicated Greenwood probate lawyers at Nicholson, Meredeth & Anderson have built a strong rapport with the local probate court.

Whether you have a question about probating a will, estate distribution without a will, or another matter related to mental health, marriage licenses, or wrongful death settlements – contact our experienced Greenwood probate attorneys.

Probating an Estate in Greenwood, SC

When South Carolina residents die, family members and friends need legal help transferring that person’s assets to his or her heirs or beneficiaries. They might also need assistance paying for funeral expenses and settling any final debts. In some cases, disputes arise regarding the will’s validity. From paying the funeral bill to distributing assets, our probate attorneys have a wealth of experience and are here to guide you through this process.

Estates with Valid Wills

The first step in the probate process is to locate the will and file it with the Greenwood probate court. They will normally set forth a primary administrator who will be given authority to gather assets – such as money in checking accounts – and pay debts. The administrator must first pay any estate-related debts, such as the funeral bill, final medical expenses, and credit cards. Claimants generally have a set amount of time to file demands with the probate court if they believe the deceased owed them money. Once all debts are paid, any remaining assets are distributed in accordance with the terms of a valid will.

For a will to be valid in South Carolina, it must generally be (1) in writing, (2) signed by the deceased, and (3) signed by two witnesses. The deceased must also have been of sound mind when the will was executed and not under any coercion or duress. If you believe a will is invalid for any of these reasons, contact one of our Greenwood probate litigators immediately to discuss your options.

Estates without Valid Wills (Intestate)

If your loved one died without a will or the will is invalidated, the estate will pass according to South Carolina intestate succession laws. In Greenwood, the estate passes as follows:

• Spouse
• Children
• Grandchildren
• Great-grandchildren
• Parents
• Grandparents
• Aunts and uncles
• Nieces and nephews

Spouses inherit the entire estate if there are no surviving children. If there are surviving children, the spouse inherits half of the estate, and the children split the remaining half between them. When there is no surviving spouse or child, then the entire estate passes to the next surviving relative.

Retain a Compassionate Probate Attorney in Greenwood

Our South Carolina legal professionals know the procedures for distributing estates in Greenwood. At Nicholson, Meredeth & Anderson, we have a passion for helping ease the burden of complex estate matters on grieving families. If you have a question about the probate process, including a will or intestate succession laws in South Carolina, call our dedicated Greenwood probate lawyers today at (864) 229-7241 or contact us online.