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Probate
Welcome to the
The Gilreath Law Firm's Probate Law page. We have
provided this information to help you understand
probate law and what it means to you. For over 24
years, our full-service law firm has helped
clients throughout South Carolina to develop
strategies to meet their unique situation and
goals. Because the firm practices in diverse areas
including estate planning, probate, civil and
criminal taxation law, corporate and business law,
employee benefits, ERISA and complex commercial
litigation, we are able to assist clients from a
multi-dimensional perspective. You may talk to an
attorney at The Gilreath Law Firm and learn about
probate and ways to streamline the process,
discuss ways to reduce or eliminate estate taxes,
and designate someone to manage your affairs in
the event of your incapacitation or death.
Since a deceased person cannot own assets,
anything owned by the deceased on the date of
their death must be identified, applied and
disbursed. Probate is the legal process of
wrapping up the deceased's affairs, paying their
bills and distributing their assets. There are
usually three phases to the probate process;
1)Collection, inventory and appraisal of all
assets that are subject to probate; 2)Payment of
taxes and creditors; 3)Formal transfer of estate
property according to the will, or by the state
laws of intestate succession, if there is no
will.
In South Carolina, probate may involve formal or
informal proceedings, depending upon the
deceased's actions prior to their death. Formal
proceedings are closely supervised by the probate
court to protect the interests of all parties.
Unless requested, informal proceedings do not
require a court hearing. When the deceased has
specified their wishes via estate planning tools
such as wills and trusts, probate will be a
relatively smooth and efficient process. If there
is not will and the person died "intestate",
the probate estate is administered according South
Carolina's laws. Upon payment of the deceased's
debts and expenses, the remaining estate will be
distributed to the decedents' heirs (usually
according to the family tree) as determined by the
State of South Carolina. In some cases,
beneficiaries and other interested parties may
dispute how the assets of an estate are
distributed.
The firm develops effective estate planning
strategies and facilitates the probate process by:
- Preparing and filing of the Will and other
required documents,
- Preparing estate tax
returns,
- Probate litigation including spousal
elective share,
- Assessing the decedents'
assets,
- Determining liabilities,
- Maintenance
and support of survivors,
- Determining potential
creditors, and
- Reconciling all personal
representative (executor) transactions and
distribution of the assets.
The Gilreath Law Firm law understands South
Carolina and Federal estate laws. We bring
efficiency, effectiveness and expertise to each
client experience. Let us help you make the
informed decisions that will affect yours and your
loved ones future. Contact us today at
864-242-4727 or via our online contact
form.
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