Probate & Estate Administration Experienced, Compassionate, & Determined

Probate Attorney in Charleston, SC

Litigation-Ready Probate Counsel for Charleston County Families

Settling a loved one’s estate involves filing deadlines, creditor notices, court accountings, and decisions that carry real legal consequences. Sanders Law Firm, LLC guides personal representatives and families through the Charleston County Probate Court from the initial petition through final distribution. T.O. Sanders has handled civil matters in local, state, and federal courts throughout his career. That means if a probate dispute arises, you won’t need to find separate litigation counsel.

T.O. Sanders’ dual background in engineering (Clemson University, 1989) and law (University of South Carolina, 1992) brings a methodical, detail-oriented approach to tracing and valuing estate assets. The firm is rated AV Preeminent by Martindale-Hubbell. Whether the estate is straightforward or contested, we treat every client as an individual with a unique situation, not a case number.

If you’re administering an estate or facing a probate dispute in Charleston, contact Sanders Law Firm, LLC at (843) 573-8828 to schedule a consultation.

Probate & Estate Administration Services in Charleston

South Carolina probate proceedings are governed by Title 62 of the South Carolina Code of Laws. Whether a loved one died with a valid will (testate) or without one (intestate), the process demands attention to detail and knowledge of local court procedure. We handle every stage on your behalf.

Full Estate Administration
We guide personal representatives through every step: filing the initial petition, obtaining Letters Testamentary or Letters of Administration, notifying beneficiaries and creditors, inventorying assets, paying valid debts, and filing the final accounting and proposal for distribution.

Intestate Succession
When someone dies without a will, South Carolina law determines how assets are distributed among surviving spouses, children, and other heirs. We help families understand their rights and navigate intestate administration under Title 62.

Will Contests
Disputes can arise over the validity of a will, the conduct of a personal representative, or how assets are being distributed. We provide advocacy for clients on either side of those disputes and work to resolve matters efficiently before litigation becomes necessary.

Court Representation
All probate proceedings before the Charleston County Probate Court, including contested hearings and fiduciary duty claims, fall within our scope. You won’t navigate court appearances alone.

Why Charleston Families Choose Sanders Law Firm, LLC for Probate

T.O. Sanders served as an assistant solicitor for Charleston County’s Ninth Judicial Circuit from 1995 to 1998, building local court experience early in his career. That foundation, combined with recognition as an Elite Lawyer and an AV Preeminent rating, reflects a long track record in South Carolina courts.

The engineering background T.O. Sanders brings to practice isn’t just a credential. It shapes how estate assets are analyzed, particularly in complex estates involving business interests, real property, or disputed valuations. That methodical approach matters when creditors are asserting claims or beneficiaries are questioning an inventory.

Clients have noted that Sanders Law Firm, LLC handled estate matters with discretion, efficiency, and professionalism. In one matter, we prevented payment of an inappropriate personal representative commission. We’re committed to transparent communication throughout every case, with prompt responses to calls and emails so you’re not left wondering where things stand.

Start With a Consultation

Whether you’re a personal representative, a beneficiary with concerns, or a family member trying to understand next steps after a loved one’s passing, we’re ready to help. Sanders Law Firm, LLC serves clients throughout Charleston, North Charleston, and surrounding counties, including Berkeley and Dorchester.

Call (843) 573-8828 or reach out through our online inquiry form to schedule a consultation with a probate lawyer at our Charleston office.

How the South Carolina Probate Process Works in Charleston County

The Charleston County Probate Court Estate Division handles all estate matters for decedents domiciled in Charleston County at the time of death. South Carolina probate is governed by Title 62 of the South Carolina Code of Laws, often called the South Carolina Probate Code. Understanding the general sequence helps personal representatives prepare for what’s ahead.

Opening the Estate

Probate begins when a personal representative files an Application for Probate of Will and Appointment of Personal Representative with the Charleston County Probate Court. For testate estates, the court issues Letters Testamentary; for intestate estates, it issues Letters of Administration. Both documents authorize the personal representative to act on behalf of the estate.

Court filing fees vary based on the value of probate assets. Some assets pass entirely outside of probate, including property held in trust, accounts with designated beneficiaries, and jointly owned property with rights of survivorship.

Notifying Creditors & Inventorying Assets

Notice to creditors must be published in a newspaper of general circulation in Charleston County once a week for three consecutive weeks. The creditor claims period closes eight months after the first publication. During that window, the personal representative inventories estate assets, manages property, and evaluates creditor claims. Publication costs typically range from $40 to $120.

Accounting & Distribution

An Accounting and Proposal for Distribution must be filed between eight and twelve months after the first creditor publication. Once the court approves the accounting and all valid debts and taxes are paid, remaining assets are distributed to beneficiaries according to the will or, if no will exists, under South Carolina’s intestacy statutes.

Small Estate Option

Estates with probate assets valued at $45,000 or less may qualify for a simplified process. After a 30-day waiting period, an heir may use an Affidavit for Collection of Personal Property to collect certain assets without opening a full probate proceeding.

Common Probate Complications in Charleston Estates

Not every probate administration is straightforward. Several issues can extend the timeline or require court involvement beyond routine filings.

Will Contests
A will can be challenged on grounds including lack of mental capacity, undue influence, fraud or coercion, improper execution, or the existence of a later will. These disputes are litigated in the probate court and can significantly affect the outcome for all parties.

Elective Share Claims
Under South Carolina law, a surviving spouse may be entitled to claim an elective share of the decedent’s estate. Determining the actual value of the estate and proper distribution can require proceedings separate from routine administration.

Breach of Fiduciary Duty
A personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries. Beneficiaries or heirs who believe assets are being mismanaged or improperly distributed may raise claims against the personal representative in probate court.

Personal Representative Compensation
In South Carolina, personal representative fees are governed by statute and may not exceed 5% of the appraised value of personal property plus proceeds from real property sales, unless the will or a separate agreement provides otherwise.

Out-of-State Personal Representatives
When the personal representative lives outside South Carolina, local legal assistance is generally required to administer the estate. An attorney familiar with Charleston County Probate Court procedures can coordinate filings and court appearances on the estate’s behalf.

Continue Reading Read Less

"Very level headed and calm."
Recently used the services of Mr. Sanders.... not your typical Lawyer..... very honest and reasonable.

- David M.
"Great team of people!"
Team members responded to my emails and phone calls in a timely manner. They were very supportive and friendly.

- Jennifer H.
"T.O. is personable and professional."
They guide, educate, and offer recommendations along the way.

- Crystal M.

More Testimonials

Proven Attorneys in Charleston

Why Should You Hire Us?

Friendly & Courteous Staff Members
AV Preeminent® Rated by Martindale-Hubbell
Treating Clients Like People, Not Case Numbers
Prompt Response Times to Calls & Emails
Personalized Care Provided For Every Case
Compassionate & Experienced Advocacy

Contact Sanders Law Firm, LLC

Entrust Us With Your Legal Matters

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Sanders Law Firm, LLC at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy