Estate Planning & Probate Law Board Certification by the South Carolina Supreme Court

The South Carolina Supreme Court Commission on Continuing Legal Education and Specialization has established comprehensive standards for attorneys seeking certification in Estate Planning and Probate Law. These standards ensure that certified specialists demonstrate significant expertise, experience, and professionalism in this complex field. Below is an overview of the key requirements:

1. Active Bar Membership

• Eligibility: Applicants must be active members in good standing of the South Carolina Bar at the time of application.

2. Experience and Practice Focus

• Minimum Practice Requirement: Applicants must have at least five years of full-time legal practice immediately preceding their application. During this time, at least 35% of their practice must be dedicated to Estate Planning and Probate Law.
• Specialization Focus: Specifically, during 48 of the 60 months immediately preceding the application, the applicant must have practiced law primarily in Estate Planning and Probate Law. This includes drafting wills and trusts, estate administration, tax planning for estates, probate litigation, and representation in related court proceedings.

3. Continuing Legal Education (CLE)

• CLE Requirements: Applicants must complete at least 18 hours of CLE in Estate Planning and Probate Law within the year of application. These CLE credits must be approved by the South Carolina Commission on CLE and Specialization.

4. Professional References

• Reference Submission: Applicants must provide at least five reference statements from practicing attorneys who can attest to their competence in Estate Planning and Probate Law. At least one of these references must come from a Board-Certified Estate Planning and Probate Law Specialist, if available.

5. Professional Liability Insurance

• Insurance Coverage: Applicants must maintain professional liability insurance with a minimum coverage of $1,000,000. Proof of this insurance must be submitted with the application.

6. Written Examination

• Examination: Applicants must pass a written examination that tests their knowledge and proficiency in Estate Planning and Probate Law. This examination ensures that only those with a deep understanding of the field are granted certification.

7. Certification Duration and Recertification

• Five-Year Certification: Certification as an Estate Planning and Probate Law Specialist is valid for five years. During this time, certified specialists must continue to meet all maintenance requirements, including annual CLE and professional liability insurance.
• Recertification Process: Every five years, specialists must apply for recertification, demonstrating continued compliance with the certification standards. This includes verifying continued practice focus in Estate Planning and Probate Law, ongoing CLE, and insurance coverage.

These standards ensure that attorneys certified in Estate Planning and Probate Law by the South Carolina Supreme Court Commission on CLE and Specialization are highly qualified, ethical, and dedicated professionals capable of handling complex legal matters with the highest level of competence.

The application process for Board Certification in Estate Planning and Probate Law by the South Carolina Supreme Court Commission on Continuing Legal Education and Specialization involves several detailed steps:

 1. Eligibility and Bar Membership

• Active Membership: Ensure that you are an active member in good standing with the South Carolina Bar.

2. Experience and Practice Focus

• Minimum Practice Requirement: Applicants must have at least five years of full-time legal practice, with a focus on Estate Planning and Probate Law comprising at least 35% of their practice during 48 of the 60 months preceding the application year.
• Scope of Practice: This includes drafting wills, creating trusts, estate administration, probate litigation, tax planning for estates, and representing clients in related court proceedings.

3. Continuing Legal Education (CLE)

• CLE Requirements: Complete a minimum of 18 hours of specialized CLE in Estate Planning and Probate Law within the application year.
• Approval of Credits: All CLE credits must be approved by the South Carolina Commission on CLE and Specialization. CLE credits earned in previous years cannot be used to fulfill this requirement.

4. Professional References

• Reference Submission: Applicants must submit at least five reference statements from practicing attorneys who can attest to their competence in Estate Planning and Probate Law.
• Specialist Endorsement: At least one reference must come from a Board-Certified Estate Planning and Probate Law Specialist, if available. These references validate the applicant’s expertise and professional reputation.

5. Professional Liability Insurance

• Insurance Requirement: Applicants must maintain professional liability insurance with a minimum coverage of $1,000,000.
• Proof of Coverage: The insurance policy must be from a provider acceptable to the Commission, and proof of coverage must be submitted with the application.

6. Written Examination

• Examination: Applicants are required to pass a written examination that evaluates their knowledge and expertise in various areas of Estate Planning and Probate Law.
• Purpose: This examination ensures that applicants possess a comprehensive understanding of the complexities involved in this field of law.

7. Confidential Inquiry and Final Submission

• Confidential Inquiry: Applicants must consent to a confidential inquiry conducted by the Commission, which includes contacting the provided references and potentially other relevant individuals to assess the applicant’s competence, ethical standards, and professionalism.
• Final Submission: After completing all the requirements, including CLE, reference submission, and passing the examination, the completed application must be submitted to the South Carolina Supreme Court Commission on CLE and Specialization for review.

This thorough application process ensures that only highly qualified and experienced attorneys receive certification in Estate Planning and Probate Law, signifying their expertise and dedication to this specialized area of legal practice.

Maintaining certification as an Estate Planning and Probate Law specialist through the South Carolina Supreme Court Commission on Continuing Legal Education and Specialization requires ongoing commitment to professional standards and continuous education. Certified specialists must fulfill specific annual duties, undergo recertification every five years, and may face decertification if they fail to meet these obligations. These measures ensure that only those who consistently uphold the highest standards in Estate Planning and Probate Law retain their certification.

Annual Duties

1. Continuing Legal Education (CLE):

   • Certified specialists must complete at least 18 hours of approved CLE in Estate Planning and Probate Law each year.
   • Up to eight excess hours can be carried forward to the next year to satisfy future requirements.

2. Professional Liability Insurance:

   • Specialists must maintain professional liability insurance with a minimum coverage of $1,000,000 and provide proof of coverage annually.

3. Active Practice Certification:

   • Specialists must annually certify that they are engaged in full-time legal practice, with at least 35% of their work dedicated to Estate Planning and Probate Law.

Recertification

1. Five-Year Recertification Cycle:

   • Certified specialists must apply for recertification every five years. This process ensures continued compliance with all certification standards.

2. Application Submission:

   • The recertification application must demonstrate that the specialist has:
     • Maintained at least 35% of their full-time practice in Estate Planning and Probate Law over the past five years.
     • Completed the required CLE hours and maintained professional liability insurance during the certification period.

Decertification

1. Grounds for Decertification:

   • Certification may be revoked for failure to comply with annual duties, such as:
     • Not meeting CLE requirements.
     • Failing to maintain professional liability insurance.
     • Not adhering to the required practice focus in Estate Planning and Probate Law.

2. Review Process:

   • If a specialist does not meet the requirements, the Commission may initiate a review process.
   • The specialist will be notified and may have the opportunity to appeal the decision.

These procedures ensure that certified Estate Planning and Probate Law specialists maintain their expertise, professionalism, and commitment to the high standards required in this specialized field of law.