SUMMERVILLE PROBATE AND ESTATE PLANNING ATTORNEY
Planning for the future or handling a loved one’s estate can bring difficult questions. Attorney Bart J. Stegall helps individuals and families in Summerville and throughout Berkeley, Charleston, and Dorchester counties with estate planning and probate matters. Whether you need a will, a financial power of attorney, or a health care power of attorney, Bart helps you put your wishes into clear, practical documents.
After a loved one’s death, Stegall Law guides personal representatives through estate administration, helping them understand their responsibilities and the steps ahead. You receive clear explanations, careful preparation, and personal attention throughout the process.
Probate and Estate Planning Services
• Wills
• Durable Financial Powers of Attorney
• Health Care Powers of Attorney
• Simple Estate Administration
• Guardianships and Conservatorships
PROBATE AND ESTATE PLANNING FAQs
Do I need a will if I have a modest estate?
A will can be useful even if you do not own substantial assets. It lets you direct who receives property passing under your will and nominate a personal representative to handle your estate. Without a valid will, South Carolina law determines who inherits those assets. A will does not automatically avoid probate.
What does a durable financial power of attorney do?
A durable financial power of attorney authorizes someone you choose to handle financial and legal matters within the authority you grant, such as paying bills or managing accounts. “Durable” means the authority can continue if you become incapacitated. The document determines when that authority begins, and it generally ends at your death.
How is a health care power of attorney different from a financial power of attorney?
A health care power of attorney names someone to make medical decisions when you cannot make or communicate those decisions yourself. It also lets you express treatment preferences. A financial power of attorney addresses money, property, and other authorized financial matters. The documents serve different purposes, and one does not replace the other.
When should I review my estate planning documents?
Review your documents after a marriage, divorce, birth, death in the family, significant health change, or move to another state. A review is also useful when your assets or wishes change, or someone you named can no longer serve. Check beneficiary designations alongside your will and powers of attorney so your overall plan remains consistent.
Probate is the legal process used to administer a deceased person’s estate, pay debts, and distribute assets to heirs or beneficiaries.
What is probate?
Not every asset passes through probate. Assets with valid beneficiary designations or survivorship ownership may transfer outside the estate. Some smaller estates qualify for simplified procedures. Whether estate administration is needed depends on what the person owned and how those assets were titled.
Is probate always required?
How long does probate take in South Carolina?
Estate administration often takes many months and may take a year or longer. South Carolina’s published notice to creditors generally provides an eight-month claims period beginning with the first publication. Property sales, tax matters, disputes, and other complications can extend the process. Qualifying small estates may use a shorter procedure.
What does an executor or personal representative do?
The executor or personal representative gathers assets, pays debts and taxes, communicates with beneficiaries, and distributes estate property according to the will or state law.
What happens if there is no will?
If someone dies without a valid will, South Carolina’s intestacy laws determine who inherits the assets that pass through the estate. The distribution depends on which relatives survive the person. Assets with valid beneficiary designations or survivorship ownership generally follow those arrangements instead.
Yes. Interested parties may challenge a will or aspects of estate administration under certain circumstances.
Can probate be contested?
Do I need a lawyer to probate an estate?
Some simple estates may be handled without counsel, but many people hire a probate attorney to help navigate court requirements and avoid costly mistakes.
Costs may include court filing fees, publication fees, appraisal expenses, and attorney fees depending on the complexity of the estate.
What are probate costs?
What if family members disagree during probate?
Disputes involving wills, property, or estate administration can delay the process. An attorney can help resolve conflicts and protect your interests.