Overview
Calhoun County is located in South Carolina with a population of approximately 14,249. The Calhoun 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 the South Carolina Probate Code (Title 62). The process begins with filing a Form 300ES (Application/Petition for Probate of Will and Appointment of Personal Representative) 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: For estates valued at $25,000 or less (or $45,000 if the decedent died after May 2025, subject to current statutory updates), successors may file an Affidavit for Collection of Personal Property (Form 420ES) to collect assets without full probate administration. This can be filed 30 days after the decedent's death.
Statutory Fees: South Carolina law sets probate fees based on the gross value of the probate estate. Personal representatives are also entitled to reasonable compensation, typically capped at 5% of the appraised value of the personal property of the estate, unless the will specifies otherwise.
This guide provides an informational overview of the Calhoun 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
Calhoun County Probate Court
Probate matters in Calhoun County are handled at the Calhoun County Courthouse Annex.
Address: 902 F.R. Huff Drive, St. Matthews, SC 29135
Phone: (803) 874-3514
Hours: Monday through Friday, 9:00 AM to 5:00 PM (by appointment only)
The Probate Court is responsible for marriage licenses, appointing conservators and guardians, and overseeing the administration of estates. Judge Kathy Strickland Brown currently presides.
Parking and Access
Public parking is available at the courthouse complex. Visitors should be prepared for security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit (Form 420ES): If the estate consists of personal property valued at $25,000 or less (or $45,000 under recent updates) and no real estate is involved, you may file this affidavit 30 days after death.
- Summary Administration: Available for estates where the value of the estate 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 Form 300ES (Application/Petition for Probate of Will and Appointment of Personal Representative) with the Calhoun County Probate Court. Include:
- Original Will and codicils (if any)
- Certified Death Certificate
- Filing Fee (based on estate value)
- Form 370ES (Notice to Creditors)
- Any additional required waivers or renunciations
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing and appointment to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Calhoun County (such as The Calhoun Times) once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court may schedule a hearing to validate the will and appoint the personal representative. For informal probate, the Registrar may admit the will and make the appointment without a hearing if all paperwork is in order.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 8 months from the first publication for claims to be filed.
- Inventory and appraise all estate assets and file Form 350ES (Inventory and Appraisement) within 90 days of appointment.
- 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
Calhoun County-Specific Procedures
- Appointment Only: It is recommended to call (803) 874-3514 to schedule an appointment before visiting the probate office for opening an estate. The court currently sees visitors by appointment only.
- Bond Requirements: A bond is generally required for personal representatives unless waived in the will or by all heirs/beneficiaries.
- Publication: Notice to creditors is typically published in The Calhoun Times or The Calhoun Times Leader. The court often assists with coordinating this publication.
- Local Forms: While state forms are standard, the county may require specific cover sheets or contact information forms.
Always check with the probate clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Calhoun County)
Fees are based on the gross value of the probate estate:
- 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 + 0.15% of excess over $100,000
- $600,000 and above: $845.00 + 0.25% of excess over $600,000
Note: Fees are subject to change. Additional fees apply for certified copies, marriage licenses, and other filings.
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 claim period).
- Average estates: 12-18 months.
- Complex or contested estates: 18 months to several years.
The 8-month creditor claim period is a mandatory statutory minimum for most formal estates.
Local Resources
Calhoun County Court Resources
- Court Website: calhouncountyprobate.net
- Probate Self-Help: SC Courts Self-Help
- South Carolina Probate Forms: SC Judicial Branch Forms
Legal Aid and Attorney Referrals
- South Carolina Bar Association: (800) 868-2284 — scbar.org
- South Carolina Legal Services: (888) 346-5592 — sclegal.org
Publication
- The Calhoun Times: (803) 874-2424 — Newspaper of general circulation for probate notices.