Where do I file for probate in Dillon County?

File at the Dillon County Probate Court located at 401 W Main St, Room 303, Dillon, SC 29536.

How much does probate cost in Dillon County?

Filing fees range from $25 for estates under $5,000 to $95 plus a percentage for estates over $100,000. Publication costs are additional.

Can I avoid probate in Dillon County with a small estate?

Yes, if the estate consists only of personal property valued at $45,000 or less, you may use the Affidavit for Collection of Personal Property (Form 420ES) after 30 days.

How long does probate take in Dillon County?

A standard probate case takes at least 8 months due to the creditor claim period. Most simple estates are settled within 8-12 months.

Do I need an attorney for probate in Dillon County?

South Carolina does not strictly require an attorney for all probate matters, but it is highly recommended, especially for formal probate or contested estates. The court staff cannot provide legal advice.

When is the inventory due?

The Inventory and Appraisement (Form 350ES) must be filed with the court within 90 days of the appointment of the Personal Representative.

Dillon County Probate Guide: Courts, Fees & Process (2026)

Overview

Dillon County is located in South Carolina with a population of approximately 27,577. The Dillon 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.

For smaller estates, South Carolina offers a simplified procedure known as the Affidavit for Collection of Personal Property (Small Estate Affidavit). As of May 2025, this option is available for estates valued at $45,000 or less (excluding liens and encumbrances), provided no real property is involved and at least 30 days have passed since death.

South Carolina law provides for a statutory commission for personal representatives, typically calculated as up to 5% of the appraised value of the personal property of the estate, plus 5% of income earned by the estate, though this can be waived or altered by the will.

This guide provides an informational overview of the Dillon 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

Dillon County Probate Court

Probate matters in Dillon County are handled at the City-County Complex.

Address: 401 W Main St, Room 303, Dillon, SC 29536

Phone: (843) 774-1423

Hours: Monday through Friday, 8:30 AM to 5:00 PM

The Probate Court is located in Room 303 of the City-County Complex. The court is presided over by Probate Judge Teresa W. Smith, who oversees the administration of estates, guardianships, and conservatorships.

Parking and Access

Public parking is available at the City-County Complex. 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 only of personal property valued at $45,000 or less, you may file an Affidavit for Collection of Personal Property (Form 420ES) after a 30-day waiting period.
Summary Administration: Available if 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 a Petition for Probate of Will and/or Appointment (Form 300ES) with the Dillon 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 of Process (if the Personal Representative is out-of-state)

Step 3: Provide Notice

After filing, you must:

Mail notice (Form 305ES) to all heirs and devisees within 30 days of appointment.
Publish notice to creditors in a newspaper of general circulation in Dillon County (such as The Dillon Herald) 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 regarding the appointment of the personal representative. For informal probate (common for uncontested estates), a hearing is often not required, and the Registrar may admit the will and make the appointment upon reviewing the application.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Inventory and Appraise: File an Inventory and Appraisement (Form 350ES) with the court within 90 days of appointment.
Pay Creditors: Creditors generally have 8 months from the first publication of notice (or 1 year from death, whichever is earlier) to file claims.
Tax Returns: File necessary federal and state income and estate tax returns.
Distribute Assets: After debts and taxes are paid, distribute remaining assets to beneficiaries.
Close the Estate: File a Final Accounting and a Proposal for Distribution, then file a Petition for Settlement (Form 410ES) to close the estate and be discharged.

Local Requirements

Dillon County-Specific Procedures

Local Forms: While standard South Carolina probate forms are used, the court may have specific packets or checklists available at the office.
Filing Fees: Fees are calculated based on the gross value of the probate estate.
Publication: Notice to creditors is typically published in The Dillon Herald. The court can provide instructions on how to arrange this publication.
Bond: A surety bond may be required for the Personal Representative unless waived in the will or by all beneficiaries/heirs.

Always check with the Probate Court clerk for the most current local rules and requirements.

Timeline & Fees

Filing Fees (Dillon County)

Fees are based on the value of the probate estate (South Carolina Code § 8-21-770):

Estate value 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 the amount over $100,000
$600,000 and above: $845.00 plus 0.25% of the amount over $600,000

Payment Methods

The court typically accepts cash, money orders, or cashier's checks. Personal checks may not be accepted; verify with the court before visiting.

Estimated Timelines

Small Estates: 1-2 months (after 30-day waiting period)
Simple Uncontested Estates: 8-12 months (due to the 8-month creditor claim period)
Complex or Contested Estates: 12 months to several years

The 8-month creditor claim period is a primary factor in the duration of probate in South Carolina.

Local Resources

Dillon County Court Resources

Court Website: dilloncountysc.org
SC Judicial Branch Forms: sccourts.org
Probate Court Search: southcarolinaprobate.net

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 Dillon Herald: (843) 774-3311 — Newspaper of general circulation for probate notices.

Probate in Dillon County, South Carolina: 2026 Guide