Overview
Fairfield County is located in South Carolina with a population of approximately 20,369. The Fairfield 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 the South Carolina Probate Code (Title 62). 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 "Small Estate" process for estates valued at $45,000 or less (increased from $25,000 in 2025). This involves filing an Affidavit for Collection of Personal Property (Form 420ES).
Personal representatives are generally entitled to a commission not to exceed 5% of the appraised value of the personal property of the estate, plus 5% of the sales proceeds of real property sold.
This guide provides an informational overview of the Fairfield 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
Fairfield County Probate Court
Probate matters in Fairfield County are handled at the Fairfield County Courthouse.
Address: 101 South Congress Street, Winnsboro, SC 29180
Phone: (803) 712-6519
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Probate Court is presided over by Judge Brad Caulder. The court handles estates, guardianships, conservatorships, and marriage licenses.
Parking and Access
Street parking is generally available around the courthouse on South Congress Street and Washington Street. There is also a public parking area near the First Citizens Bank adjacent to the courthouse. 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 $45,000 or less (less liens and encumbrances), 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 exempt property, costs of administration, funeral expenses, and 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 Fairfield County Probate Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (based on estate value)
- Application for Informal Probate and/or Appointment
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 Fairfield County (such as The Voice of Blythewood & Fairfield County) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if all paperwork is in order. For formal probate (contested cases or when requested), the court will schedule a hearing. If approved, the judge issues Letters Testamentary or Letters of Administration.
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 of appointment.
- Pay valid creditor claims after the 8-month creditor claim period expires.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Proposal for Distribution (Form 410ES) and Petition for Settlement (Form 412ES) to close the estate.
Local Requirements
Fairfield County-Specific Procedures
- Local Forms: While standard South Carolina forms (300 series) are used, the court may require a specific "Estate Worksheet" to be completed at the initial meeting.
- Appointment: It is recommended to call (803) 712-6519 to schedule an appointment before visiting the probate office to open an estate.
- Publication: Notice to creditors is typically published in The Voice of Blythewood & Fairfield County or The Country Chronicle. The court can assist with directing this publication.
Timeline & Fees
Filing Fees (Fairfield 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: $135.00
- $600,000 and above: $135.00 plus 0.15% of the amount over $600,000
Other Costs:
- Publication costs: Approximately $40.00 – $50.00 (paid directly to the newspaper)
- Certified copies: $5.00 per copy
- Recording Will only: $10.00
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 8 to 12 months (due to the mandatory 8-month creditor period).
- Average estates: 12 to 18 months.
- Complex or contested estates: 18 months to 2+ years.
Local Resources
Fairfield County Court Resources
- Court Website: fairfieldsc.com/departments/probate-court
- SC Judicial Department Forms: sccourts.org/court-forms
- Probate Court Phone: (803) 712-6519
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral Service: scbar.org
- South Carolina Legal Services: 1-888-346-5592
Publication
- The Voice of Blythewood & Fairfield County: (803) 761-5943
- The Country Chronicle: (803) 635-4020