Administration
Probate administration refers to the distributions of a loved one’s estate after their death. Whether your loved one died without a will or creates a will to guide their distribution of assets, a probate attorney can offer counsel and assist the personal representative, who is charged with handling the estate process.
When Does Probate Administration Happen?
Probate administration happens after the death of an individual, and it’s initiated with a probate court filing. There’s a notification period, where notice is published in a local newspaper and anyone who objects can file a claim. If claims are filed, the probate process becomes drawn out as it’s the court’s obligation to review any challenges for merit.
A probate lawyer can explain the process, next steps, and recommend how interested parties should handle any challenges that arise. Since estates are so individual, it’s helpful to get legal guidance by attorneys who understand the South Carolina probate process and how the rules apply to the estate in question.
What Happens in Probate Administration?
While many types of assets go through the probate process, other assets, such as life insurance policies, are exempt from probate and may pass directly to beneficiaries.
Most probate processes include these steps:
- Appointing a personal representative to execute the estate, if the will does not appoint a representative
- Notification of heirs, beneficiaries, creditors, and the community via newspaper publishing
- Personal property appraisal
- Payment to any creditors, which may necessitate a selloff of assets
- Distribution of assets to beneficiaries
- Tax filing and settlement
- Distribution of remaining assets to heirs following the will or formula of intestate succession
At Pozsik & Carpenter, our attorneys have experience handling complex probate matters. Discuss your unique circumstances and learn how we can help by scheduling a consultation today. call 803-764-1105 to learn more.
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I've met with Josh Pozsik to talk over some issues and he is wonderful to work with. He really cares about his clients and listens. Again, he listens! People I've spoken with before listen and get busy thinking about what they want to say in regards to the first few sentences said instead of listening completely so they can give a correct answer. I had all of Mr. Pozsik's attention and I appreciated it. Shannon H.
