We assist families through probate administration - from start to finish, including preparing necessary documents and serving as a liaison with the probate court so that clients can focus more on family and less on probate matters.
Our estate planning practice can help avoid the probate process altogether.
We assist clients with opening estates in probate Court;
Within 30 days of appointment, notice of the appointment as personal representative and the admittance of the Will to probate must be sent to all heirs and devisees. We will do this for clients.
Within 90 days of appointment as Representative by the Probate Court, the Representative must file an Inventory and Appraisal (350ES) describing and placing a value on all of the assets of the estate and the amount of all indebtedness secured by liens on such estate assets. We will be glad to assist clients in searching for and valuing assets.
Before paying creditors, contact us. To be paid, each Creditor must timely file a Statement of Creditor’s Claim with the Court, with proper documentation, in a timely manner. There is also a system of priority of Claims. Many creditors fail to follow the process, and therefore do not need to be paid.
Often, a Decedent’s most valuable asset is his or her residence and other real estate. We can assist in transferring the real estate to the rightful heirs by preparing and filing the necessary “Deeds of Distribution.” The Deed of Distribution, when recorded, evidences on the public record who received the real property from the estate and releases the Representative’s rights to and powers over such property following the conclusion of estate administration. We can also assist clients in selling estate real estate from the estate.
The Representative is also responsible for filing a number of federal and South Carolina tax returns of various kinds:
Decedent’s Final Income Tax Return. The Representative is also responsible for the final state and federal income tax returns of the decedent, not only for the year in which the decedent died, but also for all previous years, if any, for which returns were or will be due but have not been filed. Thus the Representative must determine if sufficient income was received by the decedent during the year of death and for previous years in order to determine whether income tax returns are due. The threshold amount of income which must be received for state and federal purposes in order to require the filing of income tax returns changes from time to time. If you can advise us of the amount of income received during any year for which no state or federal income tax return was filed, we will be glad to advise you whether it is necessary to file such returns.
Fiduciary Income Tax Return. If the estate receives more than $600 of income during any year, federal and South Carolina a “fiduciary” income tax return must be filed for the estate. We will be glad to consult with you from time to time concerning estate income and, if returns are required to prepare them for you.
