South Carolina Estate Planning | Probate Benefits

Understanding Probate Benefits

A recent estate planning has been to avoid the probate process by any means necessary, ignoring the numerous probate benefits. It may be true that South Carolina Probate can be a lengthy process– sometimes lasting several months or even years. There are also a lot fees attached to the probate process, such as the attorney fees, accounting costs, court fees and other hidden surcharges. In spite of these drawbacks, the probate process still remains an important estate planning mechanic that can be quite lucrative in the long run. Our Charleston probate litigation attorneys are committed to providing individuals and families with the legal support they need in order reduce the stress of probate and facilitate the transfer of assets in a timely and economical fashion. Our estate planning law firm also offers legal guidance on when to pursue probate and when to consider avoiding probate all together.

Among the many probate benefits, one of the most valuable advantages is the court supervision for the estate disposition process. Judicial oversight from the probate court allows the transfer of estate property and assets to be both regulated and transparent. These regulations allow for an orderly series of procedures to minimize family stress and conflict, while the transparency ensures that written documentation will hold all actions accountable for potential scrutiny and even future probate litigation. It is also possible that families might fail to give the Last Will & Testament the deserved attention without the support of a court.

Other probate benefits could be seen in the fact that the estate disposition must first be preceded by a payment of estate debts and taxes. Without this protective measure, estate disposition creates leeway for future suits to quiet title or other unnecessary lawsuits for a family.  Court involvement highlights some other added probate benefits by establishing a space to resolve disputes between beneficiaries over inheritance claims. This very clarification again protects against future lawsuits by clarifying ownership titles for family members. The probate court may also act as a venue to present or dispel creditors’ claims through the supervision of an impartial court justice. Our Charleston probate attorneys can offer legal representation in the probate process whether by helping clients structure an estate plan, by helping individuals understand their role and rights in estate planning or even by helping families navigate the precarious probate court process.