Overview
Colleton County is located in South Carolina with a population of approximately 39,259. The Colleton 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 of Will and/or Appointment (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) is $25,000 or less, you may qualify to file an Affidavit for Collection of Personal Property (Form 420ES). This procedure allows successors to collect assets without full probate administration, provided at least 30 days have passed since the death and no personal representative has been appointed.
Probate filing fees in South Carolina are based on the value of the probate estate. For example, estates valued under $5,000 have a fee of $25.00, while estates between $20,000 and $59,999 have a fee of $67.50.
This guide provides an informational overview of the Colleton 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
Colleton County Probate Court
Probate matters in Colleton County are handled at the Colleton County Courthouse.
Address: 239 N. Jefferies Blvd., Walterboro, SC 29488
Phone: (843) 549-7216 (Probate Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Court is responsible for marriage licenses, appointing personal representatives, and overseeing the administration of estates.
Parking and Access
Public parking is available near the courthouse on N. Jefferies Blvd and surrounding streets. Visitors pass through 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 is valued at $25,000 or less (less liens/encumbrances) and includes no real property requiring transfer, you may file an Affidavit for Collection of Personal Property (Form 420ES) after a 30-day waiting period.
- Summary Administration: Available for estates where the value of assets does not exceed $25,000, allowing the Personal Representative to immediately disburse assets and close the estate.
- 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 of Will and/or Appointment (Form 300ES) with the Colleton County Probate Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (based on estate value)
- Copy of the obituary or funeral program (often requested locally)
- Any additional required documents (e.g., Renunciation of Right to Administration)
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if applicable) and Information to Heirs and Devisees (Form 305ES) to all interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Colleton County (such as The Press and Standard) once a week for three successive weeks.
Step 4: Attend the Hearing
Most routine probate matters in South Carolina are handled informally without a hearing. However, if the will is contested or formal probate is requested, the court will schedule a hearing. At the 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:
- Notify creditors and allow the 8-month creditor claim period to run.
- Inventory and appraise all estate assets and file the Inventory and Appraisement (Form 350ES) 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 Settlement (Form 410ES) to close the estate.
Local Requirements
Colleton County-Specific Procedures
- Local Forms: While standard state forms are used, the court may require a local worksheet or specific cover sheet.
- Publication: Notice to Creditors must be published in a local newspaper like The Press and Standard. The publisher will provide an Affidavit of Publication which must be filed with the court.
- Inventory: The Inventory and Appraisement (Form 350ES) is strictly due within 90 days. Extensions must be requested in writing.
- Judicial Review: The Probate Judge, currently Judge Ceth Utsey, oversees all estate proceedings.
Always check with the probate clerk for the most current local rules regarding e-filing or specific document requirements.
Timeline & Fees
Filing Fees (Colleton 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 plus 0.15% of amount over $100,000
- $600,000 and above: $845.00 plus 0.25% of amount over $600,000
- Certified copies: $5.00 per copy (approximate)
- Publication costs: Typically $60–$150 depending on the newspaper
Payment Methods
The court accepts cash, money orders, and business checks. Personal checks may not be accepted; verify with the clerk. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 8-12 months (due to the 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 minimum for full administration.
Local Resources
Colleton County Court Resources
- Court Website: colletoncounty.org/probate
- Probate Self-Help: sccourts.org/resources
- South Carolina Probate Forms: sccourts.org/court-forms
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral: scbar.org
- South Carolina Legal Services: (888) 346-5592 — sclegal.org
Publication
- The Press and Standard: (843) 549-2586 — walterborolive.com