Overview
Florence County is located in South Carolina with a population of approximately 137,000. The Florence 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.
For smaller estates, South Carolina offers a simplified process. If the value of the estate (less liens and encumbrances) does not exceed $25,000, a "Small Estate Affidavit" procedure may be used after a 30-day waiting period.
Probate fees in South Carolina are based on the value of the probate estate. For example, estates valued between $20,000 and $60,000 typically incur a filing fee of $67.50, while larger estates are charged a base fee plus a percentage.
This guide provides an informational overview of the Florence 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
Florence County Probate Court
Probate matters in Florence County are handled at the Florence County Judicial Center.
Address: 181 N Irby St, Suite 1300, Florence, SC 29501
Phone: (843) 665-3085
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Court is located in the county complex in downtown Florence. The court handles estate administration, marriage licenses, and guardianships/conservatorships.
Parking and Access
Public parking is available in lots located behind the Judicial Center and on surrounding streets. Be aware of time limits on street parking (often one hour). Visitors must 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 consists of personal property valued at $25,000 or less (and no real estate is being transferred through probate), you may be able to use the Affidavit for Collection of Personal Property (Form 420ES) after 30 days.
- 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 Application/Petition for Probate (Form 300ES) with the Florence County Probate Court. Include:
- Original Last Will and Testament (if any)
- Certified copy of the Death Certificate
- Filing fee (based on estate value)
- Any additional required forms (e.g., Renunciation of Right to Administration)
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if formal) or notice of appointment (if informal) to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Florence County (such as the Florence Morning News) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required unless there is a dispute. For formal probate, the court will schedule a hearing to validate the will and appoint the Personal Representative.
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 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 Proposal for Distribution to close the estate
Local Requirements
Florence County-Specific Procedures
- Forms: Florence County generally uses the standard South Carolina State Court Administrative Office (SCAO) probate forms.
- Publication: Notice to creditors is typically published in the Florence Morning News or Community Times. The court can often assist with arranging publication.
- Local Rules: Be prepared to pay filing fees by cash, money order, or business check; personal checks may not be accepted.
Always check with the probate clerk for the most current local requirements regarding document copies and specific filing procedures.
Timeline & Fees
Filing Fees (Florence 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 the amount over $100,000
- $600,000 and above: See court schedule (fees cap at a statutory limit)
- Formal Proceedings (Summons/Petition): $150.00
Payment Methods
The court typically accepts cash, money orders, and cashier's checks. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 9-12 months (due to the 8-month creditor period)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The mandatory 8-month creditor claim period sets the minimum duration for most full estate administrations.
Local Resources
Florence County Court Resources
- Court Website: florenceco.org/offices/elected/probate
- SC Judicial Branch Forms: sccourts.org/forms
- Case Search: southcarolinaprobate.net/search
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral Service: (800) 868-2284
- South Carolina Legal Services: (888) 346-5592
Publication
- Florence Morning News: (843) 317-6397 — scnow.com