Overview
Dorchester County is located in South Carolina with a population of approximately 175,000. The Dorchester 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 Administration (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 assets (less liens and encumbrances) does not exceed $25,000, successors may file an Affidavit for Collection of Personal Property (Form 420ES). This can be filed 30 days after the decedent's death, provided no personal representative has been appointed.
Fees: Probate fees in Dorchester County are based on the value of the probate estate. For example, estates valued between $20,000 and $59,999 have a filing fee of $67.50.
This guide provides an informational overview of the Dorchester 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
Dorchester County Probate Court
Probate matters in Dorchester County are handled at the Dorchester County Courthouse in St. George.
Address: 5200 East Jim Bilton Blvd, St. George, SC 29477
Phone: (843) 563-0105 or (843) 832-0105
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Court is located within the main county government complex. The court handles estates, guardianships, conservatorships, and marriage licenses. Judge Mary L. Blunt serves as the Probate Judge.
Parking and Access
There is a large surface parking lot available at the Dorchester County Government Complex in St. George. Parking is generally free and accessible to the public. 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 (excluding non-probate assets and liens), you may file an Affidavit for Collection of Personal Property after a 30-day waiting period.
- Summary Administration: Available for estates where the value of assets 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 (Form 300ES) with the Dorchester County Probate Court. Include:
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Filing fee (based on estate value)
- Copy of the obituary (often requested)
- Appointment of Agent for Service (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 local newspaper (e.g., The Eagle Record or Summerville Journal Scene) once a week for three successive weeks. The court often assists with coordinating this publication.
Step 4: Inventory and Appraisement
Within 90 days of appointment, the Personal Representative must file an Inventory and Appraisement (Form 350ES) listing all probate assets and their fair market values.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Allow the creditor claim period to expire (8 months from the first publication of notice).
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries according to the Will or state intestacy laws.
- File a Proposal for Distribution (Form 410ES) and Petition for Settlement (Form 412ES) to close the estate.
Local Requirements
Dorchester County-Specific Procedures
- Venue: Probate should be filed in the county where the decedent was domiciled. For Dorchester County, filings go to the St. George office.
- Publication: The court requires proof of publication in an approved newspaper such as The Eagle Record or Summerville Journal Scene.
- Mediation: Contested probate matters may be referred to mediation under South Carolina circuit court rules.
- E-Filing: Check with the Probate Court clerk regarding the current status of e-filing availability for estate matters, as many SC counties still rely on paper filing or specific portals.
Timeline & Fees
Filing Fees (Dorchester County)
Fees are calculated based on the gross value of the probate estate:
- 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: See court schedule for cap/calculation
- Publication costs: Approximately $25–$50 (varies by newspaper)
- Certified copies: $5.00 per copy (plus $0.50 per page typically)
Payment Methods
The court accepts cash, money orders, and business checks. Personal checks may not be accepted for opening new estates—verify with the clerk. Credit cards may be accepted with a processing fee.
Estimated Timelines
- Small Estate Affidavit: 30-day waiting period; processed quickly once filed.
- Simple estates: 8 to 12 months (due to the mandatory 8-month creditor period).
- Complex or contested estates: 12 months to several years.
Local Resources
Dorchester County Court Resources
- Court Website: Dorchester County Probate Court
- SC Judicial Branch Forms: South Carolina Probate Forms
- Estate Search: SC Probate Search
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral Service: (800) 868-2284
- South Carolina Legal Services: (888) 346-5592 — sclegal.org
- Dorchester County Bar Association: Contact local listings.
Publication
- The Eagle Record: (843) 563-2251 — St. George area
- Summerville Journal Scene: (843) 873-9424 — Summerville area