Probate & Estate Lawyers Serving Pawley’s Island and Myrtle Beach

Losing a loved one is difficult enough without also having to navigate legal paperwork, court deadlines, financial questions, and family responsibilities. At Henderson & Henderson, our Pawley’s Island and Myrtle Beach probate lawyers understand that probate is not just a legal process—it is a deeply personal one.

If you are here because you recently lost someone close to you, we first want to express our sincere condolences. Our goal is to help families throughout the Grand Strand move through the probate process with clarity, confidence, and experienced legal guidance.

We believe good legal counsel should do more than explain the law. It should reduce stress, simplify decisions, and protect families during difficult moments.

Probate is the court-supervised legal process used to settle a deceased person’s estate. The purpose of probate is to ensure that assets are transferred properly, debts are addressed lawfully, and beneficiaries receive what they are entitled to receive.

In South Carolina, probate may involve:

• Validating the deceased person’s will
• Appointing an Executor or Administrator to manage the estate
• Identifying and valuing estate assets
• Paying debts, taxes, and financial obligations
• Distributing assets to heirs or beneficiaries

In many situations, probate is legally required. Generally speaking, estates involving more than $150,000 in assets or real estate valued over $50,000 will likely need to go through probate proceedings in South Carolina.

Many families have heard probate described negatively—and in some cases, those concerns are justified.

Probate can be:

• Time-consuming
• Expensive
• Procedurally complex
• Emotionally draining
• Public in nature

The process often involves court filings, legal notices, deadlines, creditor claims, and administrative responsibilities that most people have never dealt with before.

This is why having experienced probate counsel matters.

At Henderson & Henderson, our role is to help families avoid unnecessary delays, prevent costly mistakes, and move through the process as efficiently as possible.

Probate typically begins when the person named as Executor files the original will and a petition with the probate court.

If there is no will, a close family member or interested party may petition the court to be appointed as the estate’s Administrator.

Once appointed, the Executor or Administrator becomes responsible for managing the estate according to South Carolina law.

Serving as an Executor is a significant legal responsibility—not simply a title.

The Executor is responsible for:

• Managing estate assets
• Communicating with beneficiaries
• Paying debts and taxes
• Filing required court documents
• Meeting legal deadlines
• Distributing assets properly

South Carolina probate law contains detailed procedural requirements, and mistakes can create personal liability for the Executor in certain situations.

This is one reason many Executors choose to work closely with experienced probate attorneys throughout the process.

In many cases, yes.

Assets properly owned by a trust can often pass outside the probate process without court involvement. However, one of the most common misconceptions in estate planning is assuming that simply having a trust automatically avoids probate.

Unfortunately, we regularly see situations where:

• The trust was never updated
• Assets were never transferred into the trust
• Beneficiary designations no longer align with the estate plan

When this happens, families may still find themselves dealing with probate despite the existence of a trust.

Proper estate planning is not just about creating documents—it is about ensuring those documents are structured and maintained correctly over time.

Generally, assets owned solely in the deceased person’s name are subject to probate.

Some assets commonly excluded from probate include:

• Jointly owned property with rights of survivorship
• Transfer-on-death bank accounts
• Life insurance proceeds with named beneficiaries
• Certain retirement accounts

However, exceptions can arise depending on how assets are titled and structured.

Probate law is highly fact-specific, which is why individualized legal guidance is important.

If someone passes away without a will or trust, South Carolina intestacy laws determine how assets are distributed.

Generally, distribution follows this order:

1. Spouse
2. Children
3. Parents
4. Siblings

Without clear estate planning documents, family disputes and complications become much more likely.

Every estate is different, but probate in South Carolina commonly takes at least 12 months.

More complex estates involving:

• Real estate
• Business interests
• Family disputes
• Creditor claims
• Tax issues

can take significantly longer.

The better organized the estate and legal process are from the beginning, the smoother probate tends to move.

Probate involves several potential costs, including:

• Court filing fees
• Executor compensation
• Legal fees
• Appraisal expenses
• Recording and certification costs

South Carolina law also allows Executors to receive compensation based on the value of the estate.

While probate can be expensive, strategic legal guidance often helps families avoid unnecessary delays and costly procedural mistakes.

Not every attorney regularly handles probate matters.

Probate requires:

• Detailed procedural knowledge
• Court experience
• Administrative precision
• Financial understanding
• Sensitivity to family dynamics

At Henderson & Henderson, we approach probate with the belief that clients deserve both technical legal skill and genuine guidance during difficult times.

Our probate lawyers serve families throughout:

• Pawley’s Island
• Myrtle Beach
• Georgetown
• Charleston
• The surrounding South Carolina coast

We focus on helping clients navigate probate efficiently while protecting the wishes of their loved ones and minimizing unnecessary conflict.

Probate is rarely something families are prepared for emotionally or legally. The process can feel intimidating, especially while grieving.

You do not have to navigate it alone.

If your or your family need help with probate, give us a call at 843-212-3188. You can also find helpful information on our blog or visiting our Instagram.