Overview
Georgetown County is located in South Carolina with a population of approximately 63,404. The Georgetown 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.
South Carolina offers a simplified process for small estates. If the value of the decedent's estate (less liens and encumbrances) does not exceed $45,000 and includes no real property, a Small Estate Affidavit procedure may be used. This threshold was increased from $25,000 to $45,000 effective May 2025.
Filing fees in South Carolina are generally uniform based on the value of the probate estate. For example, estates valued under $5,000 have a filing fee of $25.00, while larger estates have fees scaling up to $845.00 plus a percentage of the excess value.
This guide provides an informational overview of the Georgetown 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
Georgetown County Probate Court
Probate matters in Georgetown County are handled at the Georgetown County Judicial Center.
Address: 401 Cleland Street, Room 140, Georgetown, SC 29440
Phone: (843) 545-3274
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Court is located on the first floor of the Judicial Center. The court handles estates, marriage licenses, and guardianships/conservatorships.
Parking and Access
Public parking is available in the lot adjacent to the Judicial Center. 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 only of personal property valued at $45,000 or less, you may qualify for a simplified affidavit process after a 30-day waiting period.
- Summary Administration: Available for estates where the value of assets is less than $45,000 (even if there is real estate) or where the Personal Representative is the sole beneficiary.
- 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 Georgetown County Probate Court. Include:
- Original Last Will and Testament (if any)
- Certified copy of the Death Certificate
- Filing fee (based on estate value)
- Renunciations of Right to Administer (if applicable)
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if required) and notice of appointment to all heirs and devisees within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Georgetown County (such as The Georgetown Times or Coastal Observer) 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 questions regarding heirs. For informal probate, the court may issue Letters without a hearing if the paperwork is in order.
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 (creditors generally have 8 months from the first publication to file claims).
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Accounting and Petition for Discharge to close the estate.
Local Requirements
Georgetown County-Specific Procedures
- Forms: The court utilizes standard South Carolina Judicial Branch forms (300 series for estates).
- Publication: Notice to creditors must be published in a local newspaper of general circulation, such as The Georgetown Times or Coastal Observer.
- Inventory: The Inventory and Appraisement (Form 350ES) is strictly required within 90 days. Failure to file can result in removal of the Personal Representative.
- Estate Value: Filing fees are calculated based on the "probate estate" value, which generally excludes non-probate assets like joint tenancy property or life insurance with named beneficiaries.
Always check with the Probate Court clerk for the most current local rules regarding e-filing or specific document requirements.
Timeline & Fees
Filing Fees (Georgetown County)
Fees are based on the 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 excess over $100,000
- $600,000 and above: $845.00 plus 0.25% of excess over $600,000
- Publication costs: Approximately $60–$150 depending on the newspaper.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 8-12 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 (from the date of first publication) is a primary factor determining the minimum length of probate.
Local Resources
Georgetown County Court Resources
- Court Website: Georgetown County Probate Court
- SC Judicial Branch Forms: South Carolina Probate Forms
- Case Search: South Carolina Probate Search
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral Service: (800) 868-2284 — scbar.org
- South Carolina Legal Services: (888) 346-5592 — sclegal.org
Publication
- The Georgetown Times: (843) 546-4148
- Coastal Observer: (843) 237-8438