Probate & Estate Administration
Losing a loved one is never easy, and administration of their estate through probate can be an added burden. Family members, especially surviving spouses, often feel like these administrative duties make it impossible for them to focus on what is really important during these times. At the Collins Law Firm, our goal is to make the administration of a loved one’s estate as smooth as possible.
The Personal Representative (sometimes called an executor or administrator) is responsible for handling one’s affairs after death. This usually entails gathers assets and paying off any debts owed by the decedent. The remaining assets are then distributed according to the will or Probate Code if there wasn’t a will. Probate administration involves working with the probate court to inventory the estate, provide an accounting, and to distribute the estate’s assets. Administration may or may not require probate court hearings.
Depending on the decedent’s level of estate planning, administering an estate in South Carolina can be costly and time consuming, requiring a certain level of knowledge and experience. We assist clients by taking on these administrative duties for them, giving them freedom to spend time with family and friends, and to honor the memory of their loved one. Contact us today to speak with one of our lawyers and find out how we can help make a tough time easier.
Probate Litigation & Will Contests
South Carolina law provides that one is entitled to a jury trial in Probate Court. This means you should choose a law firm that has experience litigating cases, not just administering estates. A will may be challenged on the grounds that the testator (one who writes a will) lacked the mental capacity to make a will, someone exerted undue influence on the testator, mistake or fraud, and improper execution of the will. Will contests also come up when someone who should have inherited, like a spouse, was left out of the will.