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.



James McCutchen drafted our estate planning documents and he did a fantastic job. The entire process was easy and affordable. I highly recommend James for any of your estate planning or probate needs.



James McCutchen helped me with my business contract for my new business venture. He was able to offer helpful and informative suggestions and recommendations for my contract. It is reassuring to have someone like James look over my contract to know that I will be covered. His service was outstanding and I highly recommend him for your legal needs!!



I recently had a tax issue with the IRS. I called McCutchen McClean law firm and they were able to fit me in quickly. They sat down with me, reviewed all the documents, listened to my concerns, and gave me wonderful advice as to how to fix the issue. They were friendly and understanding. Now, my tax issue is resolved, taking a HUGE weight off my mind. I would recommend them for any tax issue you may have! The service, hospitality, knowledge, and professionalism was outstanding!



We recently used James McCutchen and we could not be any happier! He was very kind, thorough when answering all of our questions and the best part of all we got everything completed pretty quickly. We highly recommend James. Thanks again for everything!



I have referred several clients to them. My clients are very happy with the outstanding, timely service they receive. James and Robin are extremely smart and professional, yet speak in "plain english" so everyone walks away educated regarding their tax, estate or family law issue.



Smart people that do great work.



I used Robin McLean as an attorney to secure a divorce about 20 months ago. I found her to be efficient, reasonably priced, and very well skilled. I was completely happy with her work. She did what she said. Since that time, I needed additional help with paperwork and she responded promptly and to my complete satisfaction. I highly recommend Robin as an attorney.


! NOTICE ! No Legal Advice Intended. This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems.