Overview
Greenville County is located in South Carolina with a population of approximately 570,745. The Greenville 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 Application/Petition for Probate of Will and Appointment of Personal Representative (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 simplified procedures for smaller estates. Summary Administration is available if the value of the estate is $45,000 or less, or if the Personal Representative is the sole beneficiary. Additionally, an Affidavit for Collection of Personal Property (Form 420ES) can be used for estates valued at $45,000 or less (less liens and encumbrances) after a 30-day waiting period. Note: The current legal threshold is $45,000 per South Carolina Act No. 26 (effective May 2025), though the official Form 420ES may still display the previous $25,000 threshold.
Personal Representatives are entitled to reasonable compensation, typically capped at 5% of the appraised value of the personal property of the estate plus the sales proceeds of real property, unless the will specifies otherwise or an agreement is reached.
This guide provides an informational overview of the Greenville 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
Greenville County Probate Court
Probate matters in Greenville County are handled at Greenville County Square.
Address: 301 University Ridge, Suite N-T100, Greenville, SC 29601
Phone: (864) 467-7170
Hours: Monday through Friday, 8:30 AM to 5:00 PM
Probate Judge: Judge Chadwicke L. Groover
The Probate Court is located in Suite N-T100. The court handles estates, guardianships, conservatorships, and marriage licenses.
Parking and Access
Limited public parking is available directly in front of the courthouse on a first-come, first-served basis. Do not park behind the courthouse as it is strictly enforced and limited to 2 hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit (Form 420ES): If the estate consists of personal property valued at $45,000 or less (less liens/encumbrances), you may file this affidavit 30 days after death. Note: The current legal threshold is $45,000 per South Carolina Act No. 26 (effective May 2025), though the official Form 420ES may still display the previous $25,000 threshold.
- Summary Administration: Available if the estate value is under $45,000 or 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 Form 300ES (Application/Petition for Probate) with the Greenville County Probate Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Filing fee (based on estate value)
- Form 300ES (Application/Petition for Probate of Will and Appointment)
E-filing is available through the South Carolina Courts e-filing system (Odyssey), though pro se litigants often file in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 20 days before the hearing (if a formal hearing is required).
- Publish notice to creditors in a newspaper of general circulation in Greenville County (such as The Greenville News) once a week for three successive weeks.
Step 4: Attend the Hearing
Most informal probates do not require a hearing unless contested. If a formal proceeding is requested, the court will schedule a hearing. Upon approval, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 8 months from the first publication to file claims)
- Inventory and Appraise all estate assets within 90 days of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Greenville County-Specific Procedures
- E-filing: Greenville County utilizes the South Carolina Courts e-filing system.
- Court Fees: Filing fees are calculated based on the gross value of the probate estate.
- Publication: Notice to creditors must be published in a local newspaper like The Greenville News or Greenville Journal. The court typically collects a $46.00 fee for the notice to creditors advertisement.
- Local Forms: While state forms (300ES, 420ES) are standard, check the Greenville County Probate Court website for any county-specific checklists or worksheets.
Timeline & Fees
Filing Fees (Greenville County)
- Estate Value $0 - $4,999.99: $25.00
- Estate Value $5,000 - $19,999.99: $45.00
- Estate Value $20,000 - $59,999.99: $67.50
- Estate Value $60,000 - $99,999.99: $95.00
- Estate Value $100,000 - $599,999.99: $95.00 + 0.15% of amount over $100,000
- Estate Value $600,000+: $845.00 + 0.25% of amount over $600,000
- Notice to Creditors Advertisement: $46.00 (Court fee)
- Filing Will for Record Only: $10.00
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees may apply).
Estimated Timelines
- Simple estates: 8-12 months (minimum 8 months for creditor claim period)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in South Carolina is 8 months from the date of the first publication of the notice to creditors.
Local Resources
Greenville County Court Resources
- Court Website: greenvillecounty.org/probate
- Probate Self-Help: SC Judicial Branch Self-Help
- South Carolina Probate Forms: sccourts.org/forms
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 Greenville News: (864) 298-4100 — Daily newspaper
- Greenville Journal: (864) 679-1200 — Weekly newspaper