Frost Law Group handles probate and estate administration in the Dorchester, Berkeley and Charleston County probate courts—opening the estate, guiding the personal representative, dealing with creditors, and distributing and closing. Tara L. Frost served as a Dorchester County Associate Probate Judge from 2025 to 2026.
What probate is
Probate is the court-supervised process of settling a person's affairs after death: proving the will (if there is one), appointing a personal representative, paying valid debts and taxes, and distributing what remains to the heirs or beneficiaries. In South Carolina it happens in the probate court of the county where the person lived—Dorchester County for Summerville, Berkeley County for Goose Creek and Moncks Corner, Charleston County for North Charleston, Charleston and Mount Pleasant.
Not every estate needs full probate. The size of the estate, how assets are titled, and whether a valid will exists all change the path. We evaluate each family's situation and recommend the simplest route that works.
How we help
The probate process
Every step from delivering the will to closing the estate, with the deadlines that matter.
Learn moreExecutor duties
The personal representative's checklist, deadlines and liabilities.
Learn moreSmall estates
The $45,000 affidavit and the summary procedure for small estates.
Learn moreProbate courts guide
Addresses, phones and practical notes for the three probate courts we appear in.
Learn more
When there is a dispute
Probate is not always smooth. When heirs disagree, a personal representative will not account, or a will looks wrong, the probate court decides—and the family needs an attorney who knows how those hearings run.
Executor disputes
Removal petitions, accountings, self-dealing and contested distributions.
Learn moreWill contests
Capacity, undue influence, fraud and execution challenges, and the deadlines to raise them.
Learn moreGuardianship & conservatorship
Court-appointed decision-makers for adults who cannot manage and for minors—contested or not.
Learn moreTrust administration
Trustee duties, notices and accountings, and managing an inheritance.
Learn more
The South Carolina probate timeline, briefly
- Deliver the will and open the estate. Whoever holds the original will must deliver it to the probate court promptly after death (S.C. Code § 62-2-901). The court appoints the personal representative and issues letters (certificates of appointment).
- Notice to creditors. A notice is published; creditors have eight months from first publication to file claims (S.C. Code § 62-3-801). This is why no South Carolina estate closes in less than eight months.
- Inventory and appraisement. The personal representative files an inventory of the estate's assets and values within the time the court sets.
- Pay debts, taxes and expenses. Valid claims are paid in the statutory order; final income tax returns are filed.
- Distribute and close. Assets go to beneficiaries, receipts are collected, and a final accounting or application for settlement closes the estate.
Assets that go through probate—and those that do not
| Goes through probate | Passes outside probate |
|---|---|
| Property titled solely in the decedent's name | Assets in a properly funded revocable living trust |
| Real estate owned individually, with no survivorship or transfer-on-death deed | Jointly owned property with right of survivorship |
| Bank and investment accounts with no beneficiary designation | Life insurance and retirement accounts with a named living beneficiary |
| Vehicles, jewelry and household goods with no surviving joint owner | Accounts with payable-on-death or transfer-on-death designations |
Planning ahead can keep most of an estate out of court. Revocable trusts, beneficiary designations and transfer-on-death provisions let assets pass directly to your family. Ask us how to build a plan that works.
Why families in Summerville choose us for probate
- Tara Frost sat as an Associate Probate Judge in Dorchester County and as a Magistrate Judge before that; she knows what the court needs to see and what slows a file down.
- We tell you when you do not need us—small estates and simple affidavits included.
- Flat fees for uncontested estates where the facts allow it, quoted in writing.
- One office for probate, guardianship and estate planning, so the estate we close can end with a plan for the survivors.
We are here to help your family.
Probate can feel overwhelming after a loss. Call and we will tell you what the court will need and what you can do yourself.
Questions people ask
How long does probate take in South Carolina?
Eight months to a year for a typical uncontested estate, because creditors have eight months to file claims. Contested estates, real estate sales and tax issues take longer.
Do I need a lawyer to probate an estate?
Not always. Small estates and simple ones with cooperative heirs can often be handled by the personal representative with the court's forms. We will tell you which yours is. See small estate affidavits.
What does a probate attorney cost?
For uncontested estates we usually quote a flat fee once we see the assets and the will; contested matters are billed hourly with a written estimate. Fees are paid from the estate, not by the personal representative personally.