Overview
Clarendon County is located in South Carolina with a population of approximately 31,144. The Clarendon 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 a 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 process for small estates. If the value of the decedent's probate estate (less liens and encumbrances) does not exceed $25,000, successors may file an Affidavit for Collection of Personal Property (Form 420ES) after a 30-day waiting period. There is also a Summary Administration procedure for estates where the Personal Representative is the sole beneficiary or the estate value does not exceed the statutory allowance limits.
Probate fees in South Carolina are determined by the value of the probate estate. For example, fees start at $25.00 for estates under $5,000 and increase based on the total value.
This guide provides an informational overview of the Clarendon 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
Clarendon County Probate Court
Probate matters in Clarendon County are handled at the Clarendon County Administration Building.
Address: 411 Sunset Drive Suite 1304, Manning, SC 29102
Phone: (803) 435-8774
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Court is located in the county administration complex. The court oversees the administration of estates, issuance of marriage licenses, and appointment of guardians and conservators.
Parking and Access
Free parking is generally available in the lot adjacent to the Administration Building. Visitors should be prepared for 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 consists of personal property valued at $25,000 or less (less liens), you may file an Affidavit for Collection of Personal Property (Form 420ES) 30 days after death.
- Summary Administration: Available if the Personal Representative is the sole beneficiary or if estate assets are less than the 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 a Petition for Probate (Form 300ES) with the Clarendon County Probate Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Filing fee (based on estate value)
- Appointment of Agent for Service (if PR is out-of-state)
- Any additional required documents (e.g., Renunciation of Right to Administration)
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 Clarendon County (such as The Manning Times) once a week for three successive weeks.
Step 4: Attend the Hearing
The court will review the petition. Many routine probate matters in South Carolina are handled informally without a hearing. However, if the will is contested or formal appointment is requested, a hearing will be scheduled.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow the 8-month creditor claim period to run.
- Inventory and Appraise (Form 350ES) all estate assets within 90 days of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Proposal for Distribution and a Petition for Settlement to close the estate.
Local Requirements
Clarendon County-Specific Procedures
- Local Forms: While standard state forms (SCCA) are used, the court may have specific preferences for how documents are presented.
- Filing Fees: Fees are calculated based on the gross value of the probate estate.
- Publication: Notice to Creditors must be published in a local newspaper, typically The Manning Times. The court often assists with facilitating this publication upon payment of the publication fee.
- Bond: A fiduciary bond may be required for Personal Representatives unless waived in the will or by all heirs/beneficiaries.
Always check with the Probate Court clerk for the most current local rules regarding e-filing and document formatting.
Timeline & Fees
Filing Fees (Clarendon 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 amount over $60,000
- Estate value $600,000+: See court schedule
- Certified copies: approximately $5.00 - $10.00
- Publication costs: approximately $45 - $65 depending on the newspaper
Payment Methods
The court typically accepts cash, money orders, or business checks. Personal checks may not be accepted. Credit card payments may be available with a convenience fee.
Estimated Timelines
- Simple estates: 8-12 months (due to the mandatory 8-month creditor period)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The 8-month creditor claim period is a statutory requirement in South Carolina that significantly influences the timeline.
Local Resources
Clarendon County Court Resources
- Court Website: clarendoncountysc.gov
- Probate Self-Help: sccourts.org
- 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 Manning Times: (803) 435-8422 — Newspaper of general circulation often used for probate notices.