Probate Attorney Serving Greenville County and Upstate South Carolina 

Knowledgeable lawyer assists clients in their estate administration duties

Losing a family member or someone else close to you is emotionally racking. On top of that, if you’ve been named to handle their estate in probate, you have an important legal responsibility on your hands. I am Karen McManaway, an attorney with deep experience representing Upstate residents in South Carolina probate cases. No matter how simple or complex your estate administration duties might be, my firm McManaway Law, LLC in Greenville can help ensure that assets are allocated in accordance with the testator’s wishes and with state law. 

What is probate? 

Probate is the administrative process by which a decedent’s debts are resolved and their property is distributed to others. Typically, assets go to heirs or others who are named in the decedent’s last will and testament. However, if no valid will exists, property is transferred to heirs under the rules of South Carolina intestacy law. The Probate Court appoints a personal representative to handle administration of the estate, which is often the decedent’s spouse, son or daughter or other relative. 

Property that is not included in probate

Certain types of assets pass to beneficiaries without going through the probate process, such as:

• Living trusts — This type of legal instrument can be modified or revoked at any time, with the creator having access to the assets for the rest of their life. Upon the creator’s death, the assets that remain in the trust go directly to the named beneficiaries, bypassing probate.
• Joint ownership — A bank account or other asset jointly by the decedent and another person with a right of survivorship immediately becomes fully owned by that person upon the decedent’s death. 
• Payable-on-death designations — Investment accounts and other holdings might include a payable-on-death designation which directly shifts funds to someone else once the decedent passes away. 
• Life insurance — Death benefits that are paid on a life insurance policy are sent to beneficiaries and do not become part of the decedent’s estate. 

If you have been named as the executor in someone’s will, I can review the decedent’s assets and explain what is, and is not, included in their estate. 

Navigating the probate process

Serving as the personal representative of a decedent’s estate is a serious legal duty that requires many different tasks, such as:

• Filing the will and opening the estate — If you are named as someone’s executor, you must file their will and death certificate in the county where they resided. The probate court will likely appoint you as the personal representative and begin the probate process. In the event that the decedent did not have a valid will, you can file the death certificate and request to serve as personal representative. 
• Notifying creditors and heirs — Once you are named the personal representative, you will receive Certificates of Appointment authorizing you to act on behalf of the estate. You then must publish a notice to any potential creditors of the decedent advising them of the death and that they have eight months to file a claim. You must also notify any heirs of the decedent within 30 days of your appointment. 
• Creating an asset inventory — The personal representative has to conduct an inventory and appraisement of the decedent’s property. All transactions must be documented. A bank account needs to be opened for the estate.
• Resolving debts — One of the key estate administration duties is paying the decedent’s outstanding debts and tax obligations. The personal representative is also responsible for paying property taxes and other expenses that accumulate while the estate is active. 
• Distributing property — Once all debts and disputes are resolved, the estate assets can be distributed to the appropriate beneficiaries. Receipts must be provided to the court. My firm can assist with deeds of distribution for real property and advocate on the estate’s behalf if someone challenges the will or the administration of the estate. 
• Settling the estate — After all property has been transferred to the beneficiaries, the personal representative applies for settlement of the estate. Once the court approves, the probate process is closed. Usually, this takes between eight months and a year. 

A personal representative’s failure to carry out estate administration duties promptly and correctly could lead to unnecessary delays, dissipated assets and even legal liability. You can rely on my firm to steer you through probate with the highest degree of skill and professionalism. 

Contact an Upstate South Carolina probate lawyer for a consultation 

McManaway Law, LLC in Greenville advises South Carolina estate representatives and beneficiaries on a full range of probate law issues. To make an appointment to discuss your particular matter, please call 864-428-8912 or contact me online.