Probate Lawyer in Chesnee, SC

About The CDH Law Firm Difference

As seasoned probate lawyers in South Carolina, we understand that Estate Administration often involves sensitive family dynamics as much as it does the legal minutia involved in probate law. After all, a person's estate not only affects their generation but the generations that follow.

But when your loved one passes, their assets must be managed and distributed correctly. When mismanaged, disputes often arise between parties like the Beneficiaries, Trustees, Heirs, or Executors of a Will. Even when everything is managed the right way, arguments and misunderstandings can still occur, and even evolve into bitter legal battles necessitating probate litigation.

It stands to reason, then, that you should hire a probate lawyer in Chesnee, SC to help. But the truth is, many attorneys don't have vast experience with probate and trust work. If they do, they aren't usually seasoned trial attorneys. That's what separates probate attorneys at CHSA Law, LLC from others - we have the ability to help plan your Estate and litigate estate disputes if they arise.

We are keenly familiar with local probate judges, courtroom staff members, and the related procedures involved with South Carolina probate law. Our intimate knowledge and experience help us successfully navigate the probate process to complete our client's cases quickly and efficiently.

But that's just one aspect that sets CDH apart from other firms. Understanding the importance of personalized attention, we also make an intentional decision to limit our law firm's overall caseload. This allows us to better focus on individual clients, many of whom remain with us for generations. We do not pass off cases to paralegals or junior associates but rather prioritize the attorney-client relationship. We value compassion and integrity, and our practice reflects those values.

Moreover, trust is one of the most important aspects of the attorney-client relationship. We work to create an open, friendly environment in which you can feel comfortable. After years of experience, we boast the skill and experience necessary to earn that trust - and that's a priceless commodity when it comes to probate cases in South Carolina.

Understanding The Probate Process in South Carolina

When a loved one passes away, it's natural to go through a time of emotional adjustment. However, it's crucial for the family of the loved one to face the financial realities of their estate. That reality includes the probate process, which involves distributing assets and settling the estate. A probate attorney in Chesnee, SC is often recommended to assist during this time. This process isn't just recommended - it's often a legal responsibility in South Carolina.

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Steps to the Probate Process in South Carolina

01

Delivery of Will Upon Death: During probate, the first step involves having a will delivered to an Estate Administrator or to the probate court. The deadline to accomplish this task is 30 days.

02

A Personal Representative is Assigned: This individual is often named in a Will and should be appointed officially by the court.

03

A Notice is Sent to Intestate Heirs: If these heirs feel that they should inherit, they have a right to challenge this step.

04

The Estate is Inventoried and Appraised: This process must occur within 90 days of opening an estate. In some estates with valuables like jewelry, art, and property, professional appraisers may be needed.

05

Settling Accounts: During this step, the estate must pay any applicable taxes, ongoing expenses, or outstanding debts. Should the estate not have enough money to pay these debts, creditors must be paid according to South Carolina code.

06

Distributions: If there is money in the estate after debts are paid, those funds are given to heirs of the estate, according to the Will or the State.

07

Discharge: As soon as any claims are paid, the personal representative of the estate will file documents to close the estate. To make this official, the court will issue a Certificate of Discharge.

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Avoiding Probate in South Carolina

Though most estates in South Carolina must go through probate, it is possible to avoid. This happens when a decedent's assets are placed in a Living Trust prior to their death. In this scenario, beneficiaries must be designated in order to inherit the estate. Suppose there are funds that have been promised to beneficiaries via life insurance policies or bank accounts with "payable upon death" designations. In that case, those funds do not have to go through probate.

Assets subject to probate in South Carolina include:

  • Interest in an LLC, Partnership, or Corporation
  • Real Estate Held as a Tenant in Common
  • Property Held in Only the Deceased's Name
 Probate Attorney Chesnee, SC
Probate Lawyer Chesnee, SC

Assets that are not subject to probate in South Carolina include:

  • Assets Placed in a Trust
  • Assets Which Are Already Tied to a Beneficiary
  • Pension Plan Assets
  • Insurance Policies with Beneficiaries
  • Beneficiaries of Retirement Funds
  • Real Estate or Property with Right of Survivorship
  • Real Estate or Property with Joint Tenancy
  • Accounts That Are Transferable or Payable Upon Death
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Avoiding Probate: Yes or No?

Though it's not always possible, some families go out of their way to avoid the probate process in South Carolina. Doing so can help save money in the long run and also expedite the distribution of funds to heirs. By avoiding probate, you're also keeping personal matters private.

Because every person has different estate and probate complexities, it's hard to say whether avoiding probate is good or bad. Whether or not you should avoid probate depends on your unique situation. As a general rule, it's always best to consult with a probate lawyer in Chesnee, SC, for honest feedback and probate assistance.

Typically, having a Living Trust or a Will in place will make transferring assets easier. A little prep ahead of time will make a world of difference when your loved one passes away. After all, nobody is ever prepared for a relative or family friend's death, but a compassionate, trustworthy probate attorney can make the process easier.

FAQsSouth Carolina Probate FAQs

For many families, "Probate" is a dirty term that involves heartbreak and headaches. And while the probate process in South Carolina can be complex and stressful, having answers to some of the most common probate questions can help put your mind at ease.

Q.

My family member recently passed away, and we're considering their estate. How long will the probate process take?

A.

The time it takes an estate to go through probate in South Carolina varies depending on a number of questions, including:

  • Does the deceased have a valid will?
  • Is the Estate complex or large?
  • Is the Will contested?
  • Have any lawsuits been filed?
  • Is the personal representative of the estate efficient?

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

My loved one mentioned opening a Trust to protect my assets. What is a Trust, and what Trusts should I consider?

A.

As is the case with most probate decisions, opening a Trust should be based on your unique situation and guidance from your probate attorney in Chesnee, SC. With that said, a Trust is meant to hold property for your loved one's benefit. When a Trust is created, assets are transferred into the said Trust and managed accordingly. Though there is a common misconception that Trusts are reserved for the wealthy, just about any family can benefit from opening a Trust.

The most common types of Trusts used in probate include:

  • Living Trust: These trusts are opened and controlled by you while you're still living. When you pass away, the assets in the trust are distributed to the beneficiaries you choose. Typically, these trusts do not go through the probate process.
  • Testamentary Trust: These trusts are usually established after you pass away and are included in your will. These trusts must go through the probate process in South Carolina, though they allow for the distribution of property within a certain time frame.
  • Special Needs Trust: This type of trust gives financial support to your loved one if they are disabled.

When conditions are good, a small or simple estate usually takes about a year to close. More complicated estates may take longer.


Q.

What happens when somebody dies without a will in South Carolina?

A.

When a person passes away without a Will in South Carolina, the state decides who gets their decedent's assets. This is also called passing intestate. When this happens, usually only spouses, blood relatives, or registered domestic partners can inherit property according to intestate succession laws.

Relatives who receive the probate property of the deceased are usually chosen in the following order:

  • Living Spouse
  • Children or Grandchildren
  • Parents
  • Brothers or Sisters
  • Grandparents
  • Uncles and Aunts
  • Extended Family

If you're in need of a veteran probate lawyer in South Carolina, look no further than CDH Law Firm. With years of experience in Estate Administration and probate cases, our team is ready to serve you with excellence and protect your interests. Have additional questions? We're here to help. Contact our office today to learn more about Estate Administration in South Carolina.

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Law is complicate matter. It can cause you a big problem if you ignore it. Let us help you!

A Caring, Confident Approach to Probate in South Carolina

Planning your estate is the first step to take if you want to protect your family, your assets, your well-being, and the fruits of your hard work.

At CHSA Law, LLC, our team of experienced probate lawyers in Chesnee, SC, can help you navigate the entire Estate Administration process. Through creative legal strategies and a clear understanding of your goals and desires, we work together to make your asset and estate visions a reality. It's never too early to get your estate in order. In fact, estate planning is important for everyone, whether you're single or married, young or old, with or without children. If you're ready to protect your assets and be prepared for probate, contact CHSA Law, LLC, today.

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phone-number 843-936-6680

Latest News in Chesnee, SC

EF1 tornado leaves path of destruction in the Upstate; NWS surveys damages

SPARTANBURG COUNTY, S.C. (WLOS) — Residents in Chesnee, South Carolina were reeling Tuesday after a tornado touched down Monday night.Possible tornado leaves path of destruction in the Upstate; NWS surveying damagesAt around 4:25 p.m. Monday night, the National Weather Service issued a Tornado Watch for parts of North and South Carolina. Just before 7:15 p.m. the first Tornado Warning of the evening was issued. By 8:30 p.m., Emergency Services had multiple agencies responding to the Cooley Springs-Chesnee-Boiling Springs ...

SPARTANBURG COUNTY, S.C. (WLOS) — Residents in Chesnee, South Carolina were reeling Tuesday after a tornado touched down Monday night.

Possible tornado leaves path of destruction in the Upstate; NWS surveying damages

At around 4:25 p.m. Monday night, the National Weather Service issued a Tornado Watch for parts of North and South Carolina. Just before 7:15 p.m. the first Tornado Warning of the evening was issued. By 8:30 p.m., Emergency Services had multiple agencies responding to the Cooley Springs-Chesnee-Boiling Springs area following a suspected tornado. Crews reported uprooted trees, downed powerlines and roofs being ripped off buildings.

The National Weather Service on Tuesday evening confirmed an EF1 tornado touched down near Boiling Springs on Monday, making its way through Chesnee.

DAMAGE REPORTED AFTER SUSPECTED TORNADO TOUCHES DOWN IN UPSTATE

May 24, 2022 - Drone footage of damage from a possible tornado that touched down in Chesnee, South Carolina on May 23, 2022. (WLOS)

Tuesday morning, Don Westbrook of Chesnee, South Carolina, told News 13 that he and his wife immediately went to the middle of their home when they were notified of the warning.

“We went to the closet got the door shut got set down and it hit. All the walls, all the walls started shaking,” said Westbrook. “We came out of that closet and if the whole place had been gone it would’ve been okay.”

The damage in the community along Buck Creek is extreme but thankfully there have been no injuries reported.

EF-1 TORNADO TOUCHED DOWN IN UPSTATE DURING FRIDAY STORMS, OFFICIALS SAY

Local residents are now working together to clean up the damages in the rural farm community.

EF1 tornado leaves path of destruction in the Upstate; NWS surveys damages

The National Weather Service will be on scene surveying the damages on Tuesday after they complete their assessment of the damages done in Mecklenburg and Cabarrus Counties. Earlier Tuesday, NWS confirmed an EFI tornado had touched down Monday in Mecklenburg County, NC and traveled into Cabarrus County, NC.

This is a developing story. Check back at WLOS.com for updates.

Chesnee High School students hold vigil

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CHESNEE, S.C. (FOX Carolina) - Students, families, and staff from Chesnee High School came together for a vigil on Saturday night. It took place at 7:00pm in the bus loop of the school.

They lit candles and said prayers for the families affected by what the school’s principal calls a “terrible tragedy” that happened on Friday.

At the vigil, Dustin Sitton said, “Well, I just wanted to show you know support and love once again to the families and to show that we’re here if anything happens. If they need any like comfort we’re always here.”

On Friday, Chesnee High School Principal, Eric Gerstenacker sent a message to families. Part of it says, “It is with the heaviest of hearts that I share this communication. A short while ago, a terrible tragedy struck our community…”

The principal went on to say that the football game originally scheduled for Friday, September 29, has been postponed.

At this time, the school is not releasing any additional information about the tragedy.

Copyright 2023 WHNS. All rights reserved.

Labor Day Festival in Chesnee

It is time for some fun in the sun in Chesnee at their Labor Day Festival. We have Tim Lawter and Shellie Main here with all the details.cityofchesnee.orgCopyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Skeletal remains...

South Carolina community comes together after tragic crash kills 3 of their own

CHESNEE, S.C. —The community of Chesnee was struck by tragedy after a deadly crash killed three people and seriously injured a driver Friday.Anyone you speak to in Chesnee will tell you they are a small town with big hearts.This idea was no different Monday, as people across the community came together not only to watch a football game but to remember their own."...

CHESNEE, S.C. —

The community of Chesnee was struck by tragedy after a deadly crash killed three people and seriously injured a driver Friday.

Anyone you speak to in Chesnee will tell you they are a small town with big hearts.

This idea was no different Monday, as people across the community came together not only to watch a football game but to remember their own.

"It's been very sentimental but everyone has been very sad. Everyone has been in a very somber mood throughout the whole school," Student Camila Tiley said.

"Just everyone in general. Whether you have a student in school or you don't. They whole community has been affected," Community member Shana McDonald said.

First responder, Juan Gomez and his partner, tried to do all they could Friday afternoon as he looked back on the day.

"We pulled up on scene and I can see was a big ball of fire in the wood. The first thing that kicked in me was job to do what we have to do," Gomez said, "It's been hard these several days."

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Students said the first day back in school since the incident was hard. However many felt the support of the community.

"It’s definitely a close community. I didn't grow up here. I actually moved here my sophomore year and I moved from different schools and stuff and I can see how close this community is," Tiley said.

The field was filled with yellow and black ribbons. There was also a banner of support given by Landrum students. Emotions were strong. Support was strong. The community was Chesnee strong.

"Chesnee is family. Whether you grew up here or you moved here and been here for a little while, Chesnee has always been family," McDonald said.

Many say they are sending their thoughts and prayers to the families affected and more than $1,700 were donated to support them during this difficult time.

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Spartanburg area's top high school fall sports performers: Chesnee golf stars shine again

The South Carolina high school fall sports season is in full swing. Here are the area's top performers for this week's athletic events featuring schools from Spartanburg, Cherokee and Union counties.MondayGirls GolfAddy Parker, Chesnee: At the Lady Patriot Invitational, Parker finished tied for the third, with a score of 74, to help Chesnee win the tournament with a score of 315. The Eagles continue to dominate on their way to ...

The South Carolina high school fall sports season is in full swing. Here are the area's top performers for this week's athletic events featuring schools from Spartanburg, Cherokee and Union counties.

Monday

Girls Golf

Addy Parker, Chesnee: At the Lady Patriot Invitational, Parker finished tied for the third, with a score of 74, to help Chesnee win the tournament with a score of 315. The Eagles continue to dominate on their way to defending their state championship.

Olivia Roberts, Chesnee: Roberts has again won a tournament's individual title, this time it comes after shooting a 71 at the Lady Patriot Invitational.

Girls Volleyball

Karson Browning, Boiling Springs: In two matches on Monday against Landrum and Spartanburg Christian — both of which the Bulldogs won, 2-0 and 2-1 respectively — Browning had seven kill blocks and 12 kills.

Grace Shepherd, Boiling Springs: Shepherd combined to have 21 assists, 14 kills, 11 digs and four aces in Boiling Springs' wins on Monday.

TOP MIDSEASON VOLLEYBALL PLAYERS:Meet the 2022 Herald-Journal All-Spartanburg girls volleyball teams, player of the year

Harley Grady, Chesnee: In a 2-3 loss to East Rutherford, Grady led the Eagles' back row with 23 digs, while adding two aces.

Pearl Holloway, Chesnee: Holloway continues her stellar season, adding 31 assists, 37 digs and 13 kills to her season totals.

Hayden Roberts, Chesnee: Roberts matched Holloway with 13 kills and added 27 digs.

Tuesday

Boys Swimming

Finn McEnroe, Spartanburg: In a meet against Pickens and Easley, McEnroe won four races, the individual 200 yard medley and the 50 yard freestyle. He was also part of the winning 200 yard medley relay and 200 yard freestyle relay team.

Paul Whisnant, Spartanburg: Whisnant won three events, including the 200 freestyle, 100 yard butterfly and was part of the 400 yard freestyle relay team.

Girls Swimming

Teagan McEnroe, Spartanburg: On the girls' side of Spartanburg's meet against Pickens and Easley, McEnroe won three events, the 200 freestyle, 100 yard backstroke, and was part of both the 200 freestyle relay team and 400 freestyle relay team.

Caroline Byers, Spartanburg: Byers won three races, the 100 butterfly and was part of both the 200 freestyle relay team and 400 freestyle relay team.

Girls Golf

Olivia Roberts, Chesnee: At the Jack Golf Tournament, Roberts led the Eagles to a second victory in two days, beating T.L. Hanna by two strokes. Roberts finished with the tournament's third-best score, 73.

Girls Volleyball

Ellie Anderson, Byrnes: In a 3-0 loss to Gaffney, Anderson led the Rebels with nine kills and six blocks.

Wednesday

Girls Tennis

Isabel Helms, Dorman: In the Cavaliers' 5-1 win over Boiling Springs, Helms swept the No. 1 match: 6-3, 6-1.

Hayden Lawson, Dorman: In the No. 2 match, Lawson also swept her opponent: 6-0, 6-1.

Marlie Punch, Dorman: Punch also swept in the No. 3 match: 6-1, 6-1.

Sam Albuquerque covers high school sports for the Spartanburg Herald-Journal. Please send top performer nominations and statistics to Salbuquerque@Gannett.com. Check back for updates, this story will be updated throughout the week.

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