Overview
Chesterfield County is located in South Carolina with a population of approximately 44,500. The Chesterfield 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 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.
For smaller estates, South Carolina offers a simplified process. If the value of the decedent's entire estate (less liens and encumbrances) does not exceed $45,000, successors may file a Small Estate Affidavit (Form 420ES) to collect assets without full probate administration. This threshold was increased from $25,000 in May 2025.
Probate fees in South Carolina are determined by the value of the probate estate. Statutory fees for the Personal Representative and attorney fees are generally reasonable compensation, though specific schedules may apply if stated in the will or agreed upon.
This guide provides an informational overview of the Chesterfield 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
Chesterfield County Probate Court
Probate matters in Chesterfield County are handled at the Probate Court Office.
Address: 200 West Main St., Chesterfield, SC 29709
Phone: (843) 623-2376
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Court is responsible for marriage licenses, appointing guardians and conservators, and supervising the administration of estates.
Parking and Access
Public parking is available near the courthouse and administration buildings in downtown Chesterfield. Visitors should be prepared for security screening when entering county judicial facilities.
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 $45,000 or less (less liens/encumbrances), you may be able to use the simplified affidavit process after a 30-day waiting period.
- 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 of Will and Appointment of Personal Representative (Form 300ES) with the Chesterfield County Probate Court. Include:
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Filing fee (based on estate value)
- Form 300ES (Application/Petition)
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 Chesterfield County (such as The Progressive Journal) once a week for three successive weeks.
Step 4: Attend the Hearing
Formal probate may require a hearing, especially if the will is contested or if there are issues with the appointment of the Personal Representative. For informal probate, the clerk may process the application 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.
- 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 to close the estate.
Local Requirements
Chesterfield County-Specific Procedures
- Payment Methods: The court typically accepts cash, money orders, or cashier's checks. Personal checks may not be accepted from non-lawyers; verify with the court before visiting.
- Mailing Requests: If mailing requests for copies or forms, include a self-addressed stamped envelope.
- Publication: Notice to creditors is typically published in The Progressive Journal. The court can provide specific instructions on how to arrange this publication.
Always check with the probate clerk for the most current local rules regarding document formatting and specific filing requirements.
Timeline & Fees
Filing Fees (Chesterfield 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: $135.00
- Estate value $600,000+: $135.00 + 0.25% of amount over $600,000
- Marriage License: $50.00 (SC residents) / $75.00 (Non-residents)
Payment Methods
The court accepts cash and money orders. Credit cards may not be accepted for all transactions or may incur a convenience fee.
Estimated Timelines
- Simple estates: 8-12 months (minimum 8 months for creditor claims).
- Average estates: 12-18 months.
- Complex or contested estates: 18 months to several years.
The timeline is largely dictated by the mandatory 8-month creditor claim period in South Carolina.
Local Resources
Chesterfield County Court Resources
- Court Website: Chesterfield County Probate Court
- SC Judicial Branch Forms: South Carolina Probate Forms
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral Service: scbar.org
- South Carolina Legal Services: (888) 346-5592
Publication
- The Progressive Journal: (843) 672-2358 — Common newspaper for legal notices in Chesterfield County.