Probate Lawyer in Greenville, 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 Greenville, 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 Greenville, 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 Greenville, SC
Probate Lawyer Greenville, 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 Greenville, 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 Greenville, 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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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 Greenville, 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 Greenville, SC

2 Greenville places among top 10 public spaces in the U.S.: Why they're some of the best

Greenville's Falls Park on the Reedy and Swamp Rabbit Trail have both won ...

Greenville's Falls Park on the Reedy and Swamp Rabbit Trail have both won USA TODAY 10Best Reader's Choice Awards.

The Public Spaces award winners were announced on Tuesday, April 16.

The awards highlight the very best in food and drink, lifestyle, and travel. Every week, USA TODAY 10Best invites a panel of industry experts to nominate their favorite points of interest and attractions across a range of categories, said the press release.

Nominations are then vetted by 10Best editors, who select a final set of nominees to be voted for by readers for four weeks.

Falls Park ranks No. 9 for 'Best City Parks'

Beloved Falls Park is what put the (no longer) hidden gem that is Greenville on the map across the country, drawing in tourists from all over. The park offers much for visitors to walk through within the city, like local art displays, lush gardens, and lovely stonework. A USA TODAY story described the Reedy River as "small and scenic," passing through the heart of downtown. Liberty Bridge also overlooks the falls, an award-winning pedestrian suspension bridge. If you visit the bridge during this time of year, you will get a glimpse of proud families snapping pictures of their high school graduate sons and daughters in front of it.

What other city parks made the list?

? No. 1: Gathering Place, Tulsa, Oklahoma

? No. 2: Golden Gate Park, San Francisco

? No. 3: Forest Park, St. Louis, Missouri

? No. 4: Wildwood Preserve Metropark, Toledo, Ohio

? No. 5: Klyde Warren Park, Dallas, Texas

? No. 6: Ala Moana Regional Park, Honolulu, Hawaii

? No. 7: Railroad Park, Birmingham, Alabama

? No. 8: Bruce Park, Greenwich, Connecticut

? No. 9: Falls Park on the Reedy, Greenville, South Carolina

? No. 10: Loring Park, Minneapolis, Minnesota

Swamp Rabbit Trail places No. 5 for 'Best Recreational Trails'

The Prisma Health Swamp Rabbit Trail was named after a railroad that was named after a large cottontail rabbit that used to roam its grounds, according to a USA TODAY story. Since the railroad no longer runs, the trail snakes along the Reedy River, stretching on for 28 miles across Greenville County. It passes by parks, picnic areas and schools, and is also a popular geocaching spot, said the article. Locals can be spotted biking, hiking, and walking the park, making stops at the Swamp Rabbit Cafe and Grocery or Hampton Station when they get hungry for a quick treat. The trail also connects to downtown Greenville, where locals can continue venturing throughout Falls Park and various shops.

For a map of the trail, visit this link.

What other trails made the list?

? No. 1: Hugh S. Branyon Backcountry Trail, Gulf Shores and Orange Beach, Alabama

? No. 2: Chessie Trail, Lexington, Virginia

? No. 3: Katy Trail, Missouri

? No. 4: Great Allegheny Passage, Maryland and Pennsylvania

? No. 5: Prisma Health Swamp Rabbit Trail, Greenville, South Carolina

? No. 6: Virginia Creeper National Recreation Trail, Virginia

? No. 7: Ann and Roy Butler Hike-and-Bike Trail, Austin, Texas

? No. 8: Greenbrier River Trail, Frankford, West Virginia

? No. 9: B-Line Trail, Bloomington, Indiana

? No. 10: Little Miami Scenic Trail, Ohio

Nina Tran covers trending topics. Reach her via email at ntran@gannett.com

United Community Bank opens new $65M headquarters in downtown Greenville, South Carolina

GREENVILLE, S.C. —United Community Bank opened its new multimillion-dollar corporate headquarters in downtown Greenville, marking another chapter of business growth in the Upstate.The bank opened its $65 million dollar headquarters along Camperdown Way on Thursday."It's big deal," Gov. Henry McMaster said. "It's another sign of the growth and confidence that companies have in South Carolina."More than 300 people will be working inside the 118,000-square-foot, seven-story ...

GREENVILLE, S.C. —

United Community Bank opened its new multimillion-dollar corporate headquarters in downtown Greenville, marking another chapter of business growth in the Upstate.

The bank opened its $65 million dollar headquarters along Camperdown Way on Thursday.

"It's big deal," Gov. Henry McMaster said. "It's another sign of the growth and confidence that companies have in South Carolina."

More than 300 people will be working inside the 118,000-square-foot, seven-story tall building in the heart of downtown.

The building had been under construction for the last two years.

"As we grew throughout the Southeast, we needed to bring banking talent in, and this is just a great place," United Community Chairman and CEO Lynn Harton said. "South Carolina and Greenville, in particular, is a great place to attract people."

Harton said he initially came to Greenville to work for a different bank. When that job ended, he said he did not want to leave.

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"I convinced United Community to let me stay here," he said. "I was the first employee in South Carolina for United Community, and we just kind of grew from there."

Greenville Mayor Knox White said the new headquarters bucks a nationwide trend.

"Cities are seeing office workers leave their downtowns," White said. "They're not seeing new offices and headquarters in their downtowns. We are. That really distinguishes Greenville from so many cities across the country, unfortunately, but it's good for us."

The mayor said the headquarters will add to downtown's various parks, restaurants and shops. He added it could serve as a stepping stone for more growth.

"I think where we are today is we are so strong in everything else," White said. "We really want to redouble our efforts to recruit corporate headquarters to bring more office workers to downtown. We're in a good place, but we want to be in a better place."

Harton said the company has left some room for future expansion. He said the bank is looking forward to eventually filling that space up.

Vicinity brings together businesses, local investors

Greenville is on the verge of welcoming an exciting new live-music venue to the area—made possible using a relatively new funding tool that brings in cash investments from the community.Trueline Greenville is the new venue and brainchild of founder and CEO Michael Grozier, a House of Blues cofounder. To help bring Grozier’s vision to fruition, Trueline partnered with Greenville-based ...

Greenville is on the verge of welcoming an exciting new live-music venue to the area—made possible using a relatively new funding tool that brings in cash investments from the community.

Trueline Greenville is the new venue and brainchild of founder and CEO Michael Grozier, a House of Blues cofounder. To help bring Grozier’s vision to fruition, Trueline partnered with Greenville-based Vicinity, which recently announced that Trueline has maxed out the initial equity funding cap of $5 million within 15 months.

Founded in 2020, Vicinity utilizes regulation crowdfunding, or Reg CF, a tool created through Title III of the 2012 JOBS Act. Vicinity partners John Crawford and Josh Rollins said that, “through Reg CF, almost anyone can invest in new businesses in their communities.” The concept of investing where you live brings a host of benefits, the pair said.

“We wanted to create alternative-investment opportunities where people can invest in things that they can drive by and be a part of,” Crawford explained. “Maybe they know the owners or are six degrees from an owner. Maybe it’s something they want to see come to town, or maybe they just know and love the area.”

Crawford noted that Grozier was eager to involve the community as part of Trueline’s foundation in Greenville: “Michael ‘got it’ quickly,” Crawford said. “He understood the value of the community aspect; he wanted to immerse himself and provide open access to his venue.”

As Grozier explained, “Working with Vicinity has been incredible because they help to democratize investment, allowing more people to become investors in something they believe in. This type of investing aligns with Trueline’s overall vision of inclusivity and connecting with the community.”

Rollins said one of the main advantages of Reg CF is that it allows both accredited and nonaccredited investors to become involved. Thus far, Vicinity has successfully closed 15 offerings—including The Franklin and The Pool at Hollingsworth, both in Greenville.

To learn more about investing opportunities through Vicinity, check out the website at vicinitycapital.com.

Zach Bryan coming to Greenville: Here's how you can meet the country singer backstage

Are you a Zach Bryan fan interested in attending one of his upcoming Greenville shows? If so, you are going to want to enter this contest to meet the country musician backstage.Bryan will be making a stop in Greenville for his "The Quittin' Time Tour" on Sunday, May 5, and Monday, May 6, at the Bon Secours Wellness Ar...

Are you a Zach Bryan fan interested in attending one of his upcoming Greenville shows? If so, you are going to want to enter this contest to meet the country musician backstage.

Bryan will be making a stop in Greenville for his "The Quittin' Time Tour" on Sunday, May 5, and Monday, May 6, at the Bon Secours Wellness Arena. Both shows will start at 7 p.m.

Greenville is one of 10 cities selected to participate in Bud Light's contest, where fans can win tickets to his show, along with a post-show backstage meet and greet.

Tickets for Bryan's show can be purchased directly through Bon Secour Wellness Arena's website.

Zach Bryan is a 2024 Grammy Award winner

Bryan is an American country singer-songwriter hailing from Oologah, Oklahoma. He is also an eight-year U.S. Navy veteran. He first began uploading music to YouTube in 2017 while in the Navy, his friends capturing his performances through an iPhone. After uploading 16 songs onto YouTube, his song "Heading South" went viral. Once his music gained widespread popularity, Bryan received an honorable discharge from the U.S. army to pursue music full time, according to Biography. The singer is also known for hits, "Something in the Orange," "I Remember Everything," and "Hey Driver." His latest album, "Zach Bryan," was released in 2023.

On Spotify, he has amassed over 30.8M monthly listeners, and was recognized with the Academy of Country Music Award for New Male Artist of the Year in 2022, as well as four Billboard Music Awards. Recently, he was nominated for three 2024 Grammy Awards, taking one home for "I Remember Everything." The song won the category for Best Country Duo/Group Performance.

How to enter contest to win free tickets, meet Bryan

To enter the sweepstakes to win tickets to see Bryan's concert and meet him backstage, you must submit a form through Bud Light's website. The form's instructions are straightforward: enter your name, date of birth, zip code, and email to enter.

What do proceeds for the show go to?

A portion of Bud Light's draft sold at Bryan's shows will benefit Folds of Honor, a nonprofit organization that helps to provide educational scholarships to families of fallen and disabled service members and first responders.

Nina Tran covers trending topics. Reach her via email at ntran@gannett.com

Celebrating Earth Day in the Upstate? There's an event for everyone

Calling all Upstate nature lovers: It’s time to celebrate the earth and join in protecting it.Earth Day, a day to admire the natural world and advocate for ways to preserve it, will be celebrated on Monday, April 22.But organizations across the Upstate are kicking off celebrations this weekend.There&rs...

Calling all Upstate nature lovers: It’s time to celebrate the earth and join in protecting it.

Earth Day, a day to admire the natural world and advocate for ways to preserve it, will be celebrated on Monday, April 22.

But organizations across the Upstate are kicking off celebrations this weekend.

There’s something for everyone. Residents can enjoy festivals across the region, participate in plant swaps and litter cleanups or learn more about the world in an educational setting.

What is Earth Day and why do we celebrate it?

Earth Day was first celebrated in 1970 by former Gov. Gaylord Nelson of Wisconsin while he was serving as a U.S. Senator, but the event sparked change around the country. According to the U.S. Environmental Protection Agency, about 20 million Americans protested and demonstrated in favor of more stringent environmental policy. In December of 1970, the EPA was created to tackle environmental issues.

South Carolina is unique in its natural makeup. The Palmetto state boasts mountains in the Upstate and beaches in the Lowcountry and Pee Dee regions.

Agriculture and forestry are both significant industries in South Carolina, bringing in billions of dollars and growing exponentially. From 2010-2020, the agribusiness sector grew by 40%, according to an economic impact study from the University of South Carolina.

South Carolina also has 4.6 million acres of wetlands, making up nearly a quarter of the state. There are 14 major reservoirs in the state, covering roughly 370,000 acres. According to South Carolina State Parks, almost every major lake reservoir touches a state park.

There are also more than 90,000 acres of protected land in South Carolina and 48 state parks.

What Earth Day celebrations are happening in the Upstate?

No matter how you celebrate, Earth Day in the Upstate offers something for everyone.

Festivals and events

If you want to join your community in observing Earth Day, there are plenty of opportunities across the Upstate.

SPACE birthday Earth Day Bash – Spartanburg

Spartanburg Area Conservancy will celebrate its 35th birthday at the recently preserved Glendale Shoals.

MakeGVLGreener Earth Day Festival – Greenville

In Unity Park in downtown Greenville, vendors like Southern Gardening Solutions and Black Barn Botanica will gather for Earth Day following a litter clean up.

Environmental Art and Music Festival – Union

In addition to musical guests and an art stroll, Union residents can participate in a recycling campaign.

Earth Day Yoga for children at Conestee Nature Preserve – Greenville

If you’re looking to help your kids engage with Earth Day, Strong Roots Yoga is hosting an afternoon of mindfulness and crafts in Greenville’s nature preserve.

Earth Into Art Sale – Greenwood

For the fourth year, artists will sell handmade products at the Arts Center of Greenwood to celebrate Earth Day.

Elevating “Green” Generations – Central

The Rotaract Club of Greater Clemson will host an event that dives into the impacts of plastic on our world in Central. The event is in partnership with the towns of Clemson and Pendleton.

Educational events and library events

Want to celebrate Earth Day by learning more about the world around you? Libraries across the Upstate will host educational events and story times leading up to Earth Day on Monday.

If you want to test your knowledge, you can take the South Carolina Department of Health and Environmental Control’s Earth Day quiz here, or test your carbon footprint on the EPA website here. You can also calculate your ecological impact and how many planets are needed to support your lifestyle using a service from the Global Footprint Network, an environmental nonprofit.

Planet Protectors at Anderson Library

Sustainable Living: Fresh Food from Your Own Garden at Middle Tyger Library

Seed Starting and Compost Workshop at Inman Library

Living in a Freshwater World at Spartanburg Library

Earth Day Story Time at Five Forks Library

Litter sweeps and cleanups

Do you want to spend Earth Day cleaning up the planet? Join a group in your community to help remove litter and trash.

Pick Up Powdersville

Lake Lyman Sweep

Cross Hill Community Cleanup

Town of Ware Shoals Community Cleanup

Union Team-Up to Clean-Up

Earth Day Clean Up at Croft State Park

Plant sales, giveaways and swaps

For those who want to connect with the earth through their garden, plant swaps and sales happen across the Upstate throughout the spring season, long beyond Earth Day.

Additionally, growing native plants can help support the Upstate ecosystem. Not sure what to plant in your area? Check out Upstate Forever’s native plant replacement guide here.

Fringe Color Studio plant swap

TreesUpstate giveaway with St. Peter's Episcopal Church

Earth Day Plant Swap and Seed Share at Greenville Technical College

Crafty Savvy’s Earth Day market and plant sale

For more information on Earth Day events and efforts in South Carolina, visit the DHEC website, or check out earthday.org to find events near you.

Sarah Swetlik covers climate change and environmental issues in South Carolina's Upstate for The Greenville News. Reach her at sswetlik@gannett.com or on X at @sarahgswetlik.

Have a question for Sustainability with Sarah? Ask here or email sswetlik@gannett.com.

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