Overview
Charleston County is located in South Carolina with a population of approximately 431,001. The Charleston County Probate Court (Estate Division) 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 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.
Small Estate Procedures: South Carolina offers a simplified process for small estates. If the value of the decedent's probate estate (less liens and encumbrances) is $25,000 or less, a successor may file an Affidavit for Collection of Personal Property (Form 420ES) after a 30-day waiting period. This avoids full probate administration.
Statutory Fees: South Carolina law allows personal representatives to receive a commission not to exceed 5% of the appraised value of the personal property of the estate plus the sales proceeds of real property, unless the will specifies otherwise or an agreement is reached.
This guide provides an informational overview of the Charleston 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
Charleston County Probate Court (Estate Division)
Probate matters in Charleston County are handled at the Historic Courthouse.
Address: 84 Broad Street, 3rd Floor, Charleston, SC 29401
Phone: (843) 958-5030
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Estate Division is located on the third floor of the Historic Courthouse in downtown Charleston. It is responsible for the administration of estates, including the appointment of personal representatives and the probate of wills.
Parking and Access
Parking at the Historic Courthouse is limited. There is some metered street parking available nearby, but it can be scarce. Public parking garages are available within walking distance, such as the garage at the corner of King and Queen Streets or the garage at 85 Queen Street. Visitors should allow extra time to find parking.
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/encumbrances), you may file an Affidavit for Collection of Personal Property (Form 420ES) after 30 days.
- Summary Administration: Available for estates where the value of the estate does not exceed the homestead allowance, exempt property, family allowance, costs of administration, reasonable funeral expenses, and reasonable medical expenses of the last illness.
- 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 of Will and Appointment of Personal Representative (Form 300ES) with the Charleston County Probate Court. Include:
- Original Will and codicils (if any)
- Certified Death Certificate
- Filing Fee (based on estate value)
- Form 300ES (Application/Petition)
- Any additional required forms (e.g., Renunciation of Right to Administration if applicable)
The court encourages making an appointment before visiting to ensure all documentation is correct. Charleston County also offers EZ-Filing for electronic submission of certain documents.
Step 3: Provide Notice
After filing and appointment, 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 Charleston County (e.g., The Post and Courier) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if all paperwork is in order. For formal probate (contested or complex cases), the court will schedule a hearing. The judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
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 creditor claim period expires (8 months from first publication or 60 days from mailing notice, whichever is later).
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Proposal for Distribution and Petition for Settlement to close the estate.
Local Requirements
Charleston County-Specific Procedures
- Appointments: The Charleston County Probate Court strongly recommends making an appointment for opening an estate to ensure staff availability and document review.
- EZ-Filing: Charleston County offers electronic filing through the EZ-Filing system for certain probate documents.
- Drop Boxes: Documents can be delivered using drop boxes located outside the Historic Courthouse for convenience.
- Publication: Notice to creditors must be published in a county-approved newspaper such as The Post and Courier, Charleston City Paper, or The Charleston Chronicle.
- Local Forms: While state forms are standard, check the Charleston County Probate Court website for any specific local checklists or instructions.
Timeline & Fees
Filing Fees (Charleston County)
Fees are based on the value of the probate estate:
- 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 + 0.15% of excess over $100,000
- Estate value $600,000+: $845.00 + 0.25% of excess over $600,000
- Recording Will only: $10.00
- Certified copies: Approximately $5.00 per document (fees may vary by page count)
- Publication costs: Approximately $30 - $100 depending on the newspaper selected
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees may apply for cards).
Estimated Timelines
- Simple estates: 8-12 months (minimum 8 months for creditor claim period)
- 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, which sets a statutory minimum timeline for closing most estates.
Local Resources
Charleston County Court Resources
- Court Website: charlestoncounty.gov
- Probate Self-Help: SC Courts Self-Help
- South Carolina Probate Forms: sccourts.org
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral Service: (800) 868-2284 — scbar.org
- Charleston Pro Bono Legal Services: (843) 853-6456 — charlestonprobono.org
- South Carolina Legal Services: (888) 346-5592 — sclegal.org
Publication
- The Post and Courier: (843) 937-5530 — Major daily newspaper
- Charleston City Paper: (843) 577-5304 — Weekly publication
- The Charleston Chronicle: (843) 723-2785 — Local community newspaper