Overview
Allendale County is located in South Carolina with a population of approximately 7,551. The Allendale County Probate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
South Carolina probate is governed by Title 62 of the South Carolina Code of Laws (South Carolina Probate Code). The process begins with filing a Petition for Administration (Form 300ES) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Small Estate Procedures:
South Carolina offers a simplified process for estates valued at $25,000 or less. This "Affidavit for Collection of Personal Property" (Form 420ES) can be used 30 days after death if no Personal Representative has been appointed.
Fees:
Probate fees in South Carolina are based on the value of the probate estate. There is no statutory attorney fee schedule in South Carolina; attorney fees are typically reasonable hourly rates or flat fees agreed upon by the personal representative.
This guide provides an informational overview of the Allendale County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Allendale County Probate Court
Probate matters in Allendale County are handled at the Allendale County Courthouse.
Address: 292 Barnwell Highway, Allendale, SC 29810
Mailing Address: P.O. Box 603, Allendale, SC 29810
Phone: (803) 584-3157
Hours: Monday through Friday (verify hours with the court)
The Probate Court is responsible for marriage licenses, appointing guardians and conservators, and supervising the administration of estates. Judge D. Keith Smith currently presides.
Parking and Access
There is a public parking lot available at the courthouse complex. The building is accessible to persons with disabilities. Visitors must pass through security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $25,000 or less, you may be able to use the Affidavit for Collection of Personal Property (Form 420ES) after a 30-day waiting period.
- Summary Administration: Available for estates where the value of assets does not exceed $25,000, allowing the Personal Representative to immediately disburse assets.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file the Application/Petition for Probate of Will and Appointment of Personal Representative (Form 300ES) with the Allendale County Probate Court. Include:
- Original Last Will and Testament and codicils (if any)
- Certified copy of the Death Certificate
- Filing fee (based on estate value)
- Appointment of Agent for Service of Process (if the PR is out-of-state)
Step 3: Provide Notice
After filing, you must:
- Mail notice (Form 305ES) to all heirs and devisees within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Allendale County (such as The People-Sentinel) once a week for three successive weeks.
Step 4: Inventory and Appraise
Within 90 days of appointment, the Personal Representative must file an Inventory and Appraisement (Form 350ES) listing all probate assets and their fair market values.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Allow the creditor claim period to expire (8 months from first publication)
- Pay valid creditor claims and administrative expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Proposal for Distribution (Form 410ES) and Petition for Settlement (Form 412ES) to close the estate
Local Requirements
Allendale County-Specific Procedures
- Filing Methods: Documents may be filed in person or by mail. Check with the court regarding the current status of e-filing availability.
- Payment: The court typically accepts cash, money orders, or cashier's checks. Personal checks may not be accepted from non-attorneys; verify before mailing.
- Publication: The court can assist in directing you to the approved newspaper, typically The People-Sentinel, for the required Notice to Creditors.
- Local Rules: Allendale generally follows the standard South Carolina Probate Code procedures without significant local deviations.
Timeline & Fees
Filing Fees (Allendale County)
South Carolina probate fees are determined by the value of the probate estate (SC Code § 8-21-770):
- Estate value under $5,000: $25.00
- $5,000 – $19,999: $45.00
- $20,000 – $59,999: $67.50
- $60,000 – $99,999: $95.00
- $100,000 – $599,999: $95.00 plus 0.15% of the amount over $100,000
- $600,000 and above: $845.00 plus 0.25% of the amount over $600,000
Other Fees:
- Marriage License: ~$50.00
- Certified Copies: ~$5.00 per copy
- Publication costs: Approximately $60–$100 (paid directly to the newspaper)
Payment Methods
The court accepts cash, money orders, and business checks. Credit/debit cards may be accepted with a convenience fee, but it is best to bring alternative payment.
Estimated Timelines
- Small Estates: 30-60 days
- Simple estates (uncontested): 8-12 months (due to the 8-month creditor period)
- Complex or contested estates: 12 months to 2+ years
The 8-month creditor claim period is mandatory for full administration, meaning the estate generally cannot be closed before this period expires.
Local Resources
Allendale County Court Resources
- Court Website: Allendale County Government
- SC Judicial Branch: sccourts.org
- Probate Forms: SC Court Forms
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral Service: (800) 868-2284 — scbar.org
- South Carolina Legal Services: (888) 346-5592 — sclegal.org
Publication
- The People-Sentinel: (803) 259-3501 — thepeoplesentinel.com