Probate is the legal process that determines how your estate is settled after your death.
In South Carolina if you personally own property, probate will be required even if you have a will. As you may already be aware, this is an expensive and drawn out process that can be stressful for your beneficiaries.
So, is there a way to avoid probate? In order for your estate to avoid probate, you must own no assets subject to probate at the time of your death. A common way to avoid probate is to put all of those assets in a living trust. This trust will stay in your name and control during your lifetime and then immediately pass to a named successor (trustee) upon your death. The assets owned in this trust will not be subject to probate.
If you are trying to determine whether you should eliminate or minimize the need for probate, you should consult an estate planning attorney. We are here to help you!