Estate and Trust Litigation / Probate Litigation / Fiduciary Litigation

The attorneys of Davis, Frawley, Anderson, McCauley, Ayer, Fisher & Smith assist clients in
litigation involving estates, trusts, probate and fiduciary responsibilities.

Litigation in the Probate Court, within or on behalf of an estate, guardianship, conservatorship,
or trust is sometimes necessary to protect the interests of heirs, beneficiaries, and fiduciaries.
Planning ahead with appropriate and updated Estate Planning and Advanced Directives can help to
avoid such litigation, but clients who find themselves with disputes within matters covered by the
jurisdiction of the Probate Court, will find the attorneys at the Davis Law Firm prepared to
advocate for their particular situation.  We are experienced in representing Personal
Representatives, Heirs, Trustees, Beneficiaries, Administrators, Creditors and other interested
parties in Probate Litigation.

The Probate Court is governed by the South Carolina Probate Code, a statutory code originally
adopted by the South Carolina General Assembly effective July 1, 1987, and updated annually by
acts of the General Assembly.  The Rules of Civil Procedure for the South Carolina Circuit Court
apply to Probate Court proceedings unless there are specific rules to the contrary in the Probate
Code.  Each of the 46 Counties in South Carolina has a Probate Court and publicly elected County
Probate Judge.  Issues of proper venue for Probate Court litigation often relate to County of
residence and the location of real property in South Carolina.  

The Probate Court has exclusive jurisdiction over some legal issues and concurrent jurisdiction
over others, and the determination of when a matter must or can be brought before the Probate
Court is a legal matter that the attorneys at we are experienced in considering with clients.

 
Further, matters brought before the Probate Court can sometimes be removed to the Circuit Court
and can be followed by a Civil Appeal Process.  The exclusive original jurisdiction of the Probate
Court is set forth primarily in S.C. Code § 62-1-302 and includes, but is not limited to the
following: estates of decedents, protection of minors and incapacitated persons and trusts. 

Some examples of the litigation representation we provide in this area are:
•    Will construction and Trust construction (interpretation disputes)
•    Will contests (competing documents)
•    Critical document challenges
•    Capacity to execute a will, trust, or power of attorney
•    Determination of the heirs of a decedent
•    Determination of the assets within an estate or trust
•    Determination of the appropriate distribution of estate assets
•    Determination of when estate assets can be sold
•    Determination of the validity of creditors claims against an estate
•    Beneficiary disputes, heir disputes, devisee disputes
•    Disputes over whether a Guardian or Conservator needs to be appointed
•    Disputes over who should serve as a Guardian or Conservator
•    Joint Fiduciary and Successor Fiduciary disputes
•    Private Agreements Among Successors /Family Agreements to alter the disposition of assets
     provided for by will or intestacy
•    Full or Partial Qualified Disclaimers
•    Hearings to approve the sale of real or personal property
•    Elective share claims/proceedings
•    Omitted spouse claims/proceedings
•    Intestacy proceedings

Related Areas:  Estate and Trust Mediation, Estate Administration / Probate, Trust Administration, Advanced Directives, Financial Power of Attorney, Durable Power of Attorney

Estate and Trust Litigation Attorneys

James Randall Davis

(Ph) (803) 359-2512

(Fa) (803) 359-7478

Judith Callison Fisher

(Ph) (803) 359-2512

(Fa) (803) 359-7478

Lisa Lee Smith

(Ph) (803) 359-2512

(Fa) (803) 359-7478