Probate and Estate Planning Attorneys on Hilton Head

Who lives here

The median age on the island is about 60, and roughly four in ten residents are 65 or older. About one home in four is a seasonal or second home.

Signing a will

A South Carolina will is in writing, signed by the person making it, and signed by at least two people who witnessed the signing or the person’s acknowledgment (SC Code § 62-2-502).

Probate court

The Beaufort County Probate Court is at 102 Ribaut Rd in Beaufort. Its Hilton Head office is at 539 William Hilton Pkwy and sees people by appointment.

Small estates

Thirty days after a death, a successor can collect personal property by affidavit if the whole probate estate, less liens, does not exceed $45,000. The county probate judge must approve and countersign it (§ 62-3-1201).

Creditor claims

A personal representative publishes a notice to creditors for three weeks, and claims are barred eight months after the first notice or one year after the death, whichever comes first (§§ 62-3-801, 62-3-803).

Second-home owners

If the owner was not a South Carolina resident, the first estate proceeding can be filed in any county where the owner’s property was located at death, so a Hilton Head house puts it in Beaufort County (§ 62-3-201).

Firms on the island

Eleven Hilton Head firms below list wills, trusts, estate planning or probate on their own websites.

Wills: a will must be in writing, signed by the person making it, and signed by at least two witnesses (SC Code § 62-2-502). A will that was valid where it was signed, or where the person lived when it was signed or at death, is also valid in South Carolina (§ 62-2-505), which matters for people who made their will before moving to the island. Lowcountry Legal Solutions, The Fraser Law Firm and William M. Bowen list wills.

Trusts: a trust is created by moving property to a trustee, or by a signed declaration that the owner holds the property as trustee, and it needs a definite beneficiary and a trustee with duties (§§ 62-7-401, 62-7-402). Lowcountry Legal Solutions lists living trusts and asset protection, and Olivetti, McCray & Withrow and Jolley Law Group list trust administration.

Power of attorney: a power of attorney is signed by the person granting it, attested with the same formality and witnesses as a will, and acknowledged (§ 62-8-105). The Fraser Law Firm lists powers of attorney, and Michael Howell lists guardianships.

A will is filed, and an estate opened, with the Beaufort County Probate Court at 102 Ribaut Rd in Beaufort. The court keeps a Hilton Head office at 539 William Hilton Pkwy that sees people by appointment, so call the court before you drive. The firms above that list probate are Michael Howell, Olivetti, McCray & Withrow, Jolley Law Group, The Fraser Law Firm, Lowcountry Legal Solutions, William M. Bowen, Wilson SC Law Firm and Bratt & Bratt.

Once a personal representative is appointed, the notice to creditors runs once a week for three weeks in a newspaper in the county, and creditors have eight months from the first notice to present claims. Claims that arose before the death are barred one year after the death in any case (§§ 62-3-801, 62-3-803). For a small estate, the affidavit route skips the appointment: after thirty days, if the probate estate is $45,000 or less after liens, a successor can present an affidavit that the probate judge approves and countersigns (§ 62-3-1201).

Michael Howell, the island’s attorney certified by the South Carolina Supreme Court as a specialist in estate planning and probate law, also lists will contests. This page does not say how long an estate will take or what it will cost; ask each firm.

About one Hilton Head home in four is used seasonally or occasionally. When an owner who lived in another state dies, South Carolina allows the first estate proceeding to be filed in any county where the owner’s property was located, so a Hilton Head house or condo brings the estate to the Beaufort County Probate Court (SC Code § 62-3-201). The documents can also name a South Carolina attorney to act, which is a question for the firms above.

Many of the firms on this page also handle the closing, so one office can review your documents when you buy. See the Hilton Head lawyers page for closing attorneys, and Hilton Head real estate for homes and neighborhoods.

With a median age near 60, planning for later years is a large part of island practice. Olivetti, McCray & Withrow and Jolley Law Group list elder law, Michael Howell lists guardianships, and Bratt & Bratt describes its work as planning for later years and helping families after a loss. Meetings at Bratt & Bratt are by appointment, by phone, video or in person.

If cost is the hurdle, Lowcountry Legal Volunteers (843-815-1570) pairs income-qualified Beaufort, Hampton and Jasper County residents with volunteer attorneys for civil legal problems. Hilton Head senior living lists other local help.

Newcomers can start with Hilton Head lawyers for closings and divorce attorneys, or Hilton Head doctors and real estate for the rest of a move. Across the bridge, the Bluffton lawyers page lists firms for the same work on the mainland.