Probate administration is the process of managing the estate and assets of a deceased individual if they did not leave a will. While the probate process happens in most cases with or without a will, here’s what probate administration is and what it can mean for you and your family.
Probate Administration Without a Will
If the deceased left a will, their assets and estate management go through the process according to the instructions they left behind. If there is no will, South Carolina law determines how the estate will proceed. In either case, the majority of estates end up going through the probate process where the courts supervise the process.
Informal Probate vs. Formal Probate
As long as the heirs and family members agree and get along, probate often moves smoothly and informally in conjunction with the court. If there are disagreements or issues with the estate and its assets, a formal probate is more likely.
Why You Need an Attorney
If the deceased has a will, the probate courts will defer to that during the distribution and settlement of the estate. If there is no will and it must go into administration, you need an attorney. Not only can they help you navigate the process, but they can also help the family members and heirs understand their options and mediate in the event of a disagreement.
If you’re facing probate administration, don’t panic or try to go it alone. Before you do anything else, contact the knowledgeable and compassionate team at McCutchen McLean, LLC.