The Probate Court is the people's Court.
The Probate Judge is the only judge who is popularly elected by the people in each South Carolina county. Probate courts have jurisdiction over marriage licenses, trusts, powers of attorney, estates of deceased persons, minor settlements, guardianships of minors and incompetents, and involuntary commitments to mental institutions.
Talk to Us Before You Open a Probate Estate
Many people make the common mistake of opening a probate estate before speaking to a knowledgeable attorney.
Before you make an appointment with the Probate Court, make an appointment to speak with a qualified attorney at Ingram Law Firm about opening a probate estate.
The Probate Judge and court staff will provide you with forms and assist you with filing the necessary paperwork. However, only an attorney can provide you with legal advice about opening a probate estate.
We have saved our clients not only time and money but also headaches and heartbreak through good and honest advice when they have come to us before filing any paperwork with the Probate Court.
The Probate Court is a "user-friendly" court that relies on standard forms for the routine administration of most estates.
However, if you are an heir, devisee, or other interested person involved in a contested probate estate proceeding or if you simply need assistance completing, filing, and serving the required schedules, statements, disclosures, and affidavits, then you need the assistance of a qualified attorney who has experience practicing in Probate Court.
Ingram Law Firm handles a variety of Probate Court proceedings, including:
Determination of Heirs
Plenary (full) Estate Administration
Petition for Probate of Will and/or Appointment
Disallowance of Claims
Petition for Allowance of Claim
Petition for Elective Share
Petition for Omitted Child or Spouse
Petition for Sale of Real Estate
Petition for Successor Personal Representative
Petition for Removal of Personal Representative
Petition for Restraint or Performance of Personal Representative
Petition for Subsequent Administration
Deeds of Distribution
If a deceased person owns real property (i.e., land) in South Carolina, then the South Carolina Probate Code requires a Personal Representative to execute a deed of distribution to the proper heirs or devisees.
Although a deed of distribution does not transfer title to property but simply releases the personal representative's power over the title to property, it must be prepared by an attorney and recorded in the proper land records office.
Do you need a deed of distribution prepared for a probate estate? Call Ingram Law Firm for competitive pricing for deed preparation fees.