Charleston County probate judge urges residents to complete estate planning, explains probate process

Probate Judge Irv Cunningham of Charleston County used a virtual public seminar to outline estate‑planning basics, the probate timeline and alternatives to guardianship and conservatorship, telling attendees the court handles about 2,200 estates and roughly 1,900 involuntary commitments each year.

The judge said a South Carolina will "has to be in writing. It needs to, have 2 witnesses," and urged residents to consult attorneys about trusts, durable powers of attorney and health care advance directives. He described how routine estate administration typically takes "9 or 10 months" because of the statutory creditors' notice period and other filing requirements.

Cunningham framed the seminar as an overview of the probate court's functions — from estate administration and marriage licenses to problem‑solving courts and civil commitment — and emphasized practical steps families can take to reduce court intervention. "Guardianship is of the person," he said, "and probate court has jurisdiction over adult guardianships. … Conservatorship is of the money," and both can often be avoided with a…