Find the probate attorney for the county where they lived
The estate is usually opened in the county where the person made their permanent home, not where the children live or where the house sits.
- Charlotte and Mecklenburg County, NC. Christine Hart handles our North Carolina probate work from McDowell Street.
- Summerville and Dorchester County, SC. Our South Carolina attorneys, Justin Montgomery and Tiffany Lumpkin, handle these estates from Sigma Drive.
- Columbia and the Midlands, SC. We have no Columbia office. Justin and Tiffany handle Columbia-area estates from Summerville, and much of that work is done remotely.
Summerville and Columbia both cross county lines. If you’re unsure which county applies, look at the county printed on the last property tax bill.
How probate differs in North Carolina and South Carolina
Most of what you’ll read online about probate is written for another state. The Carolinas each run it their own way, under North Carolina’s Chapter 28A and South Carolina’s Probate Code.
| North Carolina | South Carolina | |
|---|---|---|
| Who hears the estate | The Clerk of Superior Court, acting as judge of probate | The probate court in each county, with a probate judge |
| Title of the person in charge | Executor (named in a will) or administrator (no will) | Personal representative, in both cases |
| Forms and deadlines | North Carolina court forms and deadlines | South Carolina court forms and deadlines |
Both states set their own deadlines for filing, notifying creditors and listing what the estate owns, and some of those clocks start soon after the death. We tell you which ones apply at the first meeting.
If the person lived in one Carolina and owned land in the other, the second state can need its own court step. Tell us about both places at the start. Christine takes the North Carolina side, our South Carolina attorneys take the South Carolina side, and one firm keeps the whole estate in view.
How much do probate attorneys usually charge?
Firms bill probate in different ways: by the hour, as a percentage, or as a flat fee. With us, probate is a flat fee. Before any work begins, you get a written fee or scope letter that sets out the fee and what it covers. Court and filing expenses are additional to the fee.
The fee depends on the work the estate needs, so we set it after the first meeting rather than quoting from a list. The first meeting itself is a paid meeting with the attorney who handles your state. You leave it knowing the next step for your estate and whether we can take it on. Book a first meeting.
Can I handle probate without an attorney?
Yes, in both states a family member can serve as the person in charge without hiring a lawyer, and many do for simple estates. The court staff can explain forms, but they can’t give legal advice.
Where people get stuck is the part around the forms: deciding which property is in the estate, answering a creditor, handling a house that siblings disagree about, or dealing with property in both Carolinas. Some families hire us for the whole estate. Others come in for one first meeting to get the order of things straight and carry on from there.
Can an estate be distributed without probate?
Sometimes. Some property passes outside probate altogether, such as an account with a named beneficiary or property owned jointly with a right of survivorship. Both states also have simpler procedures for some smaller estates. Whether one fits depends on what the person owned and its value, and the limits are set by each state’s law.
A will doesn’t skip probate by itself. A will usually still has to be probated before anyone can act on it. If you’re planning ahead so your own family has less to do, that’s estate planning.
The family house
A house is often where the hard conversations happen. In both states, the house passes at death to the people the will names, or to the heirs if there’s no will, but it stays subject to the estate’s administration while debts and claims are settled. Selling it, deeding it to one relative or buying out a sibling all depend on the will, the title and the court file. We prepare the deeds and handle the legal side of keeping or selling inherited property, including family land that has passed down without clear title.
What to do this week
Do now:
- Find the original will, not a copy.
- Lock the house and tell the homeowner’s insurer nobody is living there.
- Keep every piece of mail addressed to the person who died. Bills and statements show what the estate owns and owes.
Hold off on:
- Dividing money or belongings, even if the family agrees.
- Selling, retitling or giving away the house or the car.
- Paying the estate’s bills from your own account.
Wait until someone has been appointed and you know what the court requires.
Questions people ask about probate
What is the difference between an estate lawyer and a probate lawyer?
An estate planning lawyer helps you plan before death: wills, trusts and powers of attorney. A probate lawyer helps settle an estate after a death. We do both, which helps when an estate shows the gaps a better plan would have closed.
How long does probate take once someone dies?
There’s no fixed timeline. The creditor claim period alone runs for months, and the estate can’t close until it has passed and any disputed claims are settled. A house sale, a missing heir or a family disagreement adds time.
What is the quickest way to get through probate?
Have the original will, the death certificate and a list of the person’s accounts and property ready before the first meeting, and don’t divide anything early. Estates move faster when the paperwork is gathered up front and the family agrees on who is in charge. Whether a simpler small-estate route applies is something we check against your estate.
Who owns a home during probate?
The people the will names, or the heirs if there’s no will, but subject to the estate’s administration. Until the estate is settled, the person in charge may need to manage the house, and a sale can need court steps or authority in the will.
What should I not tell the attorney?
Tell us everything that bears on the estate, including the awkward parts: a family disagreement, a loan to one child, a second will. What you tell a lawyer while asking for legal help is generally kept confidential, and surprises later cost more than candor now.
Get the next step for your estate
Book a first meeting online, or call 980-243-4470, Monday to Thursday, 9:00 a.m. to 4:00 p.m., or Friday, 9:00 a.m. to 2:30 p.m. Tell us where the person lived, and we’ll set the meeting with the right attorney.
Bring what you have: the will, the death certificate, anything from the court, and the deed or tax bill for the house. A missing paper won’t stop the meeting. Our attorneys do much of their work remotely, so you can ask about meeting without the drive.
Responsible attorneys: Christine Hart, 122 N. McDowell Street, Charlotte, NC 28204. Justin Montgomery, 201 Sigma Drive, Suite 300, Summerville, SC 29486.