Probate Administration

With over 32 years of experience counseling clients through the probate administration process, Amy Cofield and her team are ready to assist you.

Your Trusted Partners Navigating Probate Matters in South Carolina

Navigate the complexities of Probate Administration in South Carolina with our expert guidance. Our dedicated team brings a wealth of experience to streamline the probate process, ensuring a smooth and efficient settlement of estates. From asset distribution to addressing legal formalities, we are your trusted partners in managing probate matters in South Carolina. Let us help you with a stress-free probate administration journey.

Common Questions

Find answers to common questions about probate administration and working with Amy Cofield.

Is the process different if there’s no will?

The process is similar, but requires more paperwork with the Court.  It also requires court permission to sell property or assets.  Assets of the estate are distributed according to state law rather than the individual's wishes.

How long does probate take?

The duration of probate can vary.  Once an estate is opened there is an 8 month time period in which creditors may file claims against the estate.  After that 8 month period has elapsed then one can begin the process of closing the estate.  It typically takes about a year to complete for a basic estate.  It can take longer if there are complex issues or disputes involving the estate assets.

What is the probate process?

The probate process begins by the filing of a Petition to open the estate.  It’s at this time that a Will and Death Certificate must be presented to the court.  A Personal Representative is then appointed.  An inventory of assets must be done, payment of debts, tax returns, and distribution of estate assets will ensue.

Can I avoid probate through estate planning?

Yes, proper estate planning can help you avoid or minimize probate by using tools like living trusts, joint ownership, and beneficiary designations.

How are debts and creditors handled?

Debts and creditors are typically paid from the deceased's estate during the probate process, with remaining assets distributed to beneficiaries.

Which assets are subject to probate and which are exempt?

Assets subject to probate include solely-owned real estate and personal property. Exempt assets may include life insurance proceeds, retirement accounts, and jointly-owned property with rights of survivorship.

Schedule Your Consultation

Amy Cofield, Attorney in Lexington, SC, specializes in estate planning, real estate, and workers' compensation.