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If you have to go through probate, what should you expect?

If your loved one passed away, you understand that settling his or her South Carolina estate can be a complex and confusing process. There is much more involved with resolving the affairs of another person than simply selling their things and dividing money. There are various legal steps you may have to take, including possibly going through probate.

In some cases, it may be possible to avoid probate. However, if you learn that probate will be a requirement as part of settling your loved one's estate, you would be wise to understand what to expect from this process. Many individuals find it beneficial to have legal guidance as they navigate complex estate planning concerns.

What happens during probate?

Probate is the legal process of transferring one person's property to beneficiaries after his or her death. The court oversees this process and ensures the estate settlement goes according to the terms of the will. Probate is especially common in cases involving contested wills. This means that someone is in contention over the terms of the will. If you will have to walk through the probate process, you can expect the following things to happen: 

  • Gathering and inventorying all property associated with the estate
  • Paying any remaining debts owed by the estate, including taxes
  • Settling any remaining disputes associated with the estate
  • Collecting other sources of income, such as dividends
  • Transferring property to beneficiaries and others as outlined in the will

If you are the administrator of the estate, a beneficiary or other party involved with the settling of an estate, you will find it helpful to have guidance as you walk through this process. Probate and other aspects of estate law can be complex, and you would be wise to fully understand how you can protect your rights and future interests after the process is complete. 

Addressing your specific estate planning concerns 

If you have concerns related to estate planning, the terms of a will or probate, it is always beneficial to know your rights and options. Every estate is unique, and the probate process differs on a case-by-case basis.

Family members often feel overwhelmed by the responsibility and complexity of settling an estate. If you are carrying this burden, you do not have to walk through it alone. In fact, having appropriate guidance and support can reduce the chance of a misstep or other error that can keep you from completing the probate process and moving forward.

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West Columbia, SC 29169

Phone: 803-200-2937
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