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Probate & Estates Law

Why Do You Need a Charleston Probate and Estates Attorney?


Note: What I have presented here is a very simplified version of the probate process in order to get your mind around some of the basic concepts.

Why Would Someone be Interested in This Area of Law?

When someone close to you dies, in addition to dealing with the death, someone needs to step in and get the person’s affairs wrapped up in an orderly manner. You may have planned it or you may not have, however the responsibility remains. It can seem confusing and complicated. Trey Merck is here to help you with the process.

What is Probate?

Since you can't take it with you, it has to be transferred to others.

Probate is essentially the process of transferring assets from the dead person to the living people that he/she designates or is related to. Someone who has an interest in the dead person and/or in the dead person's property takes on the task of transferring the property.

What is the Process of Probate?

Each county has a Probate Court that is responsible for carrying out the task of transferring property from the dead person to the living people that he/she designates or is related to. Someone petitions the Probate Court to be appointed over the dead person's estate, someone is appointed, and that someone takes on the task of doing the transfers of property.

What is the Purpose of Probate?

The purpose is to avoid having abandoned property.

The basic idea is that property should be utilized to its full potential and continue to have value to people.

Also: Another purpose is to deal with debts and creditors.

How can Trey Merck Help Me?

He can simplify the process for you, and he can be your “take charge” person to get the estate rolling and heading toward conclusion. Trey Merck is a Probate and Estates Lawyer serving Charleston.

If you want to handle most of it on your own, Trey will give you that option at a reduced price. However, if there is real property to be transferred, you will need an attorney for that.

Some of the Key Terms to Know:
  • Decedent - the person who died
  • Estate - the property the decedent owned at death
  • Probate - the process of transferring assets of a decedent to his heirs or devisees
  • Heirs - those normally entitled to take from the estate when there is no
  • Will Devisees - those who are given something in the Will (if there is a Will)
What Do You Need to Bring to the Initial Appointment?


  • Two (2) original Death Certificates
  • The original Will (if there is a will)


  • Date of Birth and Social Security Number for the decedent
  • Address where decedent lived at his or her death (and the county it is located in)
  • Names and addresses of heirs

Please call Trey Merck, a Charleston Probate and Estates Lawyer today so we can get started on opening and wrapping up this estate.

Client Reviews
“Attorney Trey Merck did a great job for me when I was going thru probate on my brother, He kept me well informed and explained things. I didn't have to pay upfront.. Everything went smoothly. He is a very nice person and I would definitely use his services again if I need to.” - Jackie
"Mr Merck helped me through the long process of medical disability. He was kind, patient, helpful, compassionate .... a very kind human being. He always went above and beyond to help me. I was so grateful for meeting him during g a difficult time in my life. I would highly recommend him to anyone." - Jody
"Trey Merck was kind and patient as he worked with me in a personal injury claim that involved myself and my husband, who died prior to settlement. He gently guided me through a process that could have been impossible for me to untangle alone. He had great organizational skills and was always available when needed.. He possess a quiet confidence that puts you at ease and assures you that he is being thorough.. I highly recommend him." - Debbie