Overview
Berkeley County is located in South Carolina with a population of approximately 264,276. The Berkeley 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 an Application/Petition for Probate (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.
South Carolina offers a simplified procedure for small estates. As of May 8, 2025, if the value of the decedent's net estate (less liens and encumbrances) does not exceed $45,000, successors may file an Affidavit for Collection of Personal Property (Form 420ES) after a 30-day waiting period, provided no personal representative has been appointed. Note: The official Form 420ES PDF may still reference the previous $25,000 threshold, but the current statutory limit is $45,000 per Act No. 26 (H.3472).
Personal representatives are entitled to reasonable compensation, typically up to 5% of the appraised value of the personal property of the estate, unless the will specifies otherwise or an agreement is reached.
This guide provides an informational overview of the Berkeley 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
Berkeley County Probate Court
Probate matters in Berkeley County are handled at the Berkeley County Courthouse. The Honorable Keith Kornahrens serves as Probate Judge.
Address: 300-B California Avenue, Moncks Corner, SC 29461
Phone: 843-719-4519 (Estates Division)
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Probate Court is located in the main courthouse complex in Moncks Corner. The Estates Division handles the administration of decedent's estates.
Parking and Access
Public parking is available in the lots surrounding the courthouse complex. 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 net estate is valued at $45,000 or less and includes no real property, you may file an Affidavit for Collection of Personal Property (Form 420ES) after 30 days. Note that the form itself may still reference $25,000, but the current statutory threshold is $45,000 as of May 2025.
- Summary Administration: Available for estates where the value of assets does not exceed the exempt property, costs of administration, funeral expenses, and medical expenses.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application/Petition for Probate (Form 300ES) with the Berkeley County Probate Court. Include:
- Original Last Will and Testament (if any)
- Certified copy of the Death Certificate
- Filing fee (based on estate value)
- Renunciations of Right to Administration (if applicable)
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 Berkeley County (such as The Berkeley Independent) once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate petitions, the court may schedule a hearing. For informal probate applications, the clerk may issue Letters without a hearing if all paperwork is in order.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and Appraise all estate assets and file the Inventory and Appraisement (Form 350ES) within 90 days of appointment.
- Pay valid creditor claims after the 8-month creditor period expires.
- 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
Berkeley County-Specific Procedures
- Filing Fees: Fees are calculated based on the value of the probate estate. A flat fee of $150.00 applies to formal proceedings (Summons/Petition).
- Publication: Notice to creditors must be published in an approved local newspaper, such as The Berkeley Independent or The Post and Courier.
- Local Forms: While state forms are standard, check with the court for any specific local worksheets or checklists.
Notice to creditors must be published once a week for three consecutive weeks.
Timeline & Fees
Filing Fees (Berkeley County)
- Estates under $5,000: $25.00
- Estates $5,000 - $19,999: $45.00
- Estates $20,000 - $59,999: $67.50
- Estates $60,000 - $99,999: $95.00
- Estates $100,000 - $599,999: $95.00 plus 0.15% of amount over $60,000
- Formal Proceedings (Summons/Petition): $150.00
- Publication costs: approximately $45-$100 depending on the newspaper
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 8-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in South Carolina is 8 months from the date of the first publication of the notice to creditors.
Local Resources
Berkeley County Court Resources
- Court Website: berkeleycountysc.gov/dept/probate/
- Probate Search: southcarolinaprobate.net/search
- SC Judicial Department Forms: sccourts.org/court-forms
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral Service: 1-800-868-2284
- South Carolina Legal Services: 1-888-346-5592
Publication
- The Berkeley Independent: 843-761-6397
- The Post and Courier: 843-937-5530