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South Carolina Estate Planning and Probate Attorneys

Written by Bobby Sawyer, Attorney, licensed in South Carolina, North Carolina and Tennessee.

Reviewed by Bobby Sawyer, J.D., Attorney licensed in South Carolina, North Carolina and Tennessee. Last updated September 25, 2026.

Sawyer & Associates, LLC helps South Carolina families write estate plans, settle estates in probate court, qualify a parent for Medicaid when nursing home care can’t wait, and protect aging loved ones. We serve clients from our Fort Mill and Columbia offices and by phone and video statewide. Book a free consultation or call 803-598-0082.

How Our South Carolina Attorneys Can Help

We handle four kinds of South Carolina matters: estate planning, probate and trust administration, Medicaid crisis planning, and elder law, guardianship and conservatorship. Many families need more than one at the same time, and one firm can handle all of it under the South Carolina Probate Code.

Estate Planning

We draft wills, revocable living trusts, durable powers of attorney and health care powers of attorney that meet South Carolina’s signing rules, including the witness and acknowledgment requirement for powers of attorney signed here. Explore estate planning or read about revocable living trusts.

Probate and Trust Administration

If you were named personal representative or trustee, we handle the probate court filings, creditor notice, 90-day inventory, property transfers and closing. We also help smaller estates use the affidavit process. See how we help executors.

Medicaid Crisis Planning

When a parent needs nursing home care now, we review income, assets and 60 months of transfers, set up an income trust if one is needed, and plan around South Carolina’s lower allowance for the spouse at home. Get urgent Medicaid help.

Elder Law, Guardianship and Conservatorship

We plan for long-term care, prepare documents that keep families out of court, and represent families in probate court when a guardian or conservator is needed. Learn about elder law and guardianship.

Personal Injury

Hurt in a car or truck crash in South Carolina? Our Fort Mill and Columbia offices handle car accident, truck accident and other injury claims.

Personal injury · Car accidents · Truck accidents

Why South Carolina Families Choose Sawyer & Associates

Families choose us because one firm can handle the plan, the estate and the Medicaid application, with attorneys who explain South Carolina law in plain terms. You work directly with an attorney, and many York County clients like having one lawyer who is licensed on both sides of the state line.

  • One firm for planning, probate and Medicaid. The team that writes your plan can settle the estate or handle a nursing home admission later.
  • Licensed in both Carolinas. Bobby Sawyer is admitted in South Carolina, North Carolina and Tennessee, so cross-border estates stay with one attorney.
  • Clear answers before you commit. We explain what the work involves at the free consultation.
  • Two South Carolina offices. Fort Mill for York County and Columbia for the Midlands, plus phone and video appointments.

What Our Clients Say

“Bobby was great at explaining how each part of our Trust/Estate planning was going to take place. He helped us on each part of the of our portfolio. The portfolio is very well organized and easy to understand.”

Peggy F., Fort Mill, SC

“Responsive, professional and such a smooth process in Estate Planning and Business formations. Bobby Sawyer was fantastic from start to finish.”

Brett W., Fort Mill, SC

How It Works

01

Free consultation. Tell us what is going on. Bring existing documents, a rough list of assets and, for an estate, the will and death certificate.

02

A plan in plain English. We explain your options under South Carolina law and what the work involves.

03

We handle the details. We draft and supervise signing, file with the probate court, or prepare and track the Medicaid application until it is done.

South Carolina Rules at a Glance

These are the South Carolina rules families ask about most when they first call us. Each one links to the statute or agency source, so you can check it before your consultation and come in with better questions.

  • The county probate court has exclusive original jurisdiction over decedents’ estates (S.C. Code § 62-1-302).
  • Creditors have eight months from the first published notice to file claims, and all claims are barred one year after death (§§ 62-3-801, 62-3-803). The inventory is due within 90 days (§ 62-3-706).
  • Estates of $45,000 or less may use the small estate affidavit 30 days after death (§ 62-3-1201).
  • A power of attorney signed in South Carolina must be witnessed like a will and acknowledged (§ 62-8-105). One validly signed under another state’s law is generally recognized (§ 62-8-106).
  • For Medicaid, South Carolina protects $66,480 in assets for the spouse at home (SC State Plan Amendment 25-0011), and the 2026 income cap is $2,982 per month (CMS). Transfers in the 60 months before applying are reviewed (42 U.S.C. § 1396p).

Meet Your South Carolina Attorney

Bobby Sawyer focuses on estate planning and business law and is admitted in South Carolina, North Carolina and Tennessee, and before the U.S. District Court for the District of South Carolina. He earned his J.D. summa cum laude from Charlotte School of Law and served as a U.S. Army combat engineer officer, receiving the Bronze Star.

Our South Carolina Offices

Our Fort Mill office at 1184 Springmaid Avenue serves York County and nearby Indian Land, including Fort Mill, Tega Cay, Lake Wylie and Rock Hill. Our Columbia office at 1600 Williams Street serves the Midlands. See our Fort Mill office page and Columbia office page for directions.

Frequently Asked Questions About South Carolina Estate Planning and Probate

Yes. Your first consultation is free, at our Fort Mill or Columbia office, by phone or by video. Bring any existing documents, a rough list of assets and, for an estate, the will and death certificate. We explain what the work involves and what it will take before you decide anything.

Not always. Estates of $45,000 or less may qualify for the small estate affidavit under S.C. Code § 62-3-1201. An attorney is most useful when the estate includes real estate, out-of-state property, creditors or family disagreement, or when the eight-month creditor period and 90-day inventory need to be managed.

Call as soon as admission is likely. We start with a crisis consultation that reviews income, assets and transfers from the last 60 months. South Carolina protects only $66,480 in assets for the spouse at home, so planning before money is spent or moved matters even more here.

Usually, if it was signed correctly under the other state’s law. S.C. Code § 62-8-106 recognizes powers of attorney validly executed elsewhere. A power of attorney signed in South Carolina must be witnessed like a will and acknowledged under § 62-8-105. We review out-of-state documents and tell you which ones to keep.

Yes. Bobby Sawyer is licensed in South Carolina and North Carolina, and we have offices in Fort Mill and Charlotte. That helps families who own property in both states, have a parent across the line, or need an estate opened in each state.

Talk With a South Carolina Estate Planning Attorney Today

Whether you need a new plan, you were just named executor, or a parent is being admitted to a nursing home, the first step is a free conversation. Call our Fort Mill office at 803-598-0082, our Columbia office at 803-619-0048, or book a free consultation.

Sawyer & Associates, LLC

Fort Mill, SC office: 1184 Springmaid Ave, Fort Mill, SC 29708

Phone: 803-598-0082 | Email: hello@sawyer-law.com

Columbia, SC office: 1600 Williams Street, 2nd Floor, Columbia, SC 29201

Phone: 803-619-0048 | Email: hello@sawyer-law.com

We serve clients in English, Spanish and Portuguese.

This page provides general information about South Carolina law and is not legal advice. Reading it or contacting our firm does not create an attorney-client relationship. Testimonials reflect individual client experiences and do not guarantee a similar outcome. Prior results do not guarantee a similar outcome.