Overview
Beaufort County is located in South Carolina with a population of approximately 201,775. The Beaufort 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. The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative (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.
For smaller estates, South Carolina offers a simplified process. If the value of the decedent's probate assets (less liens and encumbrances) does not exceed $25,000, successors may file a Small Estate Affidavit (Form 420ES) to collect assets without full probate administration.
South Carolina law provides for a statutory fee schedule for personal representatives, typically up to 5% of the appraised value of the personal property of the estate, though this can be waived or modified by the will.
This guide provides an informational overview of the Beaufort 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
Beaufort County Probate Court
Probate matters in Beaufort County are handled at the Beaufort County Courthouse.
Address: 102 Ribaut Road, Beaufort, SC 29902
Phone: (843) 255-5850 (Probate Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
Probate Judge: Heather R. Galvin
The Probate Court is located in the Beaufort County Government Center. The court handles estates, marriage licenses, and guardianships/conservatorships.
Parking and Access
Public parking is available at the Government Center complex. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $25,000 or less (less liens and encumbrances), you may file a Small Estate Affidavit (Form 420ES) after a 30-day waiting period.
- Summary Administration: Available for estates where the value of the entire estate, less liens and encumbrances, does not exceed $25,000.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate of Will and Appointment of Personal Representative (Form 300ES) with the Beaufort County Probate Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Filing fee (varies by estate value, starting at $25.00)
- Form 370ES (Notice to Creditors)
- Any additional required documents such as Renunciation of Right to Administration (Form 302ES)
E-filing may be available for certain case types; check with the court for current electronic filing procedures.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Information to Heirs and Devisees - Form 305ES) to all heirs and beneficiaries within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Beaufort County (such as The Island News or The Beaufort Gazette) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if paperwork is in order. For formal probate or contested matters, the court will schedule a hearing. If approved, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Allow the creditor claim period to expire (8 months from first publication)
- Inventory and appraise all estate assets within 90 days of appointment (Form 350ES)
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge (Form 410ES) to close the estate
Local Requirements
Beaufort County-Specific Procedures
- Filing Fees: Fees are calculated based on the value of the probate estate.
- Publication: Notice to creditors must be published in a local newspaper like The Island News or The Beaufort Gazette. The court often collects the publication fee at filing and handles the submission to the newspaper.
- Local Forms: While standard South Carolina probate forms (SCCA forms) are used, always check if the county requires a specific cover sheet or local addendum.
- Appointment: Appointments for opening an estate are recommended to ensure a clerk is available to review your documents.
Consult the Beaufort County Probate Court website for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Beaufort County)
- Estate value $0 - $4,999: $25.00
- Estate value $5,000 - $19,999: $45.00
- Estate value $20,000 - $59,999: $67.50
- Estate value $60,000 - $99,999: $95.00
- Estate value $100,000 - $599,999: $95.00 plus 0.15% of amount over $100,000
- Certified copies: $5.00 per copy
- Publication costs: approximately $45.00 (collected by court)
South Carolina law allows for a personal representative commission not to exceed 5% of the appraised value of the personal property of the estate, unless the will specifies otherwise.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 8-12 months (due to the 8-month creditor period)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
The mandatory 8-month creditor claim period significantly influences the minimum timeline for closing an estate in South Carolina.
Local Resources
Beaufort County Court Resources
- Court Website: beaufortcountysc.gov/probate-court
- Probate Self-Help: sccourts.org/resources
- South Carolina Probate Forms: sccourts.org/court-forms
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral Service: (803) 799-7100 — scbar.org
- South Carolina Legal Services: (888) 346-5592 — sclegal.org
Publication
- The Island News: (843) 822-2005 — yourislandnews.com
- The Beaufort Gazette: (843) 706-8100 — islandpacket.com