Overview
Greenwood County is located in South Carolina with a population of approximately 70,041. The Greenwood 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 an Application/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.
South Carolina offers a simplified "Small Estate" process for estates valued at $25,000 or less, allowing for collection of personal property by affidavit without full administration.
South Carolina law provides for a statutory commission for the Personal Representative, typically up to 5% of the appraised value of the personal property of the estate, unless the will specifies otherwise or an agreement is reached.
This guide provides an informational overview of the Greenwood 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
Greenwood County Probate Court
Probate matters in Greenwood County are handled at the Greenwood County Courthouse.
Address: 528 Monument Street, Room 205, Greenwood, SC 29646
Phone: (864) 942-8625 (Probate Court)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Court is located in Room 205 of the county courthouse. The Honorable Travis W. Moore serves as the Probate Judge.
Parking and Access
Parking in many lots and on the streets surrounding the Greenwood County Courthouse is generally limited to 2 hours from 9:00 a.m. to 6:00 p.m. Be mindful of posted signs to avoid tickets.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate (less liens and encumbrances) is valued at $25,000 or less, you may qualify for a simplified process using the "Affidavit for Collection of Personal Property" after a 30-day waiting period.
- Summary Administration: Available for estates where the value of the estate does not exceed $25,000.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application/Petition for Probate (Form 300ES) with the Greenwood County Probate Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (based on estate value)
- Application/Petition for Probate (Form 300ES)
- Any additional required documents (e.g., Renunciation of Right to Administration)
South Carolina courts are increasingly moving toward e-filing; check with the Greenwood County Probate Court for current e-filing mandates or options.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if formal) or notice of appointment to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Greenwood County (such as The Index-Journal) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if paperwork is in order. For formal probate, the court will schedule a hearing on the petition. 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 within 90 days of appointment.
- Allow the creditor claim period to expire (8 months from first publication).
- Pay valid creditor 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
Greenwood County-Specific Procedures
- Local Court Rules: The court generally follows the South Carolina Probate Code but may have specific preferences for how forms are presented. It is advisable to call the court clerk for specific filing instructions.
- Publication: Notice to creditors must be published in a local newspaper, typically The Index-Journal.
- Appointment: Appointments for opening an estate are often recommended to ensure a clerk is available to assist you.
Always check with the Probate Court at (864) 942-8625 for the most up-to-date local requirements.
Timeline & Fees
Filing Fees (Greenwood County)
Fees are 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 value over $100,000
- $600,000+: See court fee schedule for calculation
- Certified copies: Typically $5.00 - $10.00 depending on page count
- Publication costs: Approximately $25 - $60 depending on the newspaper
Payment Methods
The court typically accepts cash, money orders, or business checks. Credit/debit cards may be accepted with a convenience fee (often ~4%). Personal checks are often not accepted for new filings.
Estimated Timelines
- Simple estates: 8-12 months (due to the mandatory 8-month creditor claim period)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
The 8-month creditor claim period is a primary factor in the duration of probate in South Carolina.
Local Resources
Greenwood County Court Resources
- Court Website: greenwoodsc.gov
- Probate Self-Help: SC Courts Self-Help
- South Carolina Probate Forms: SC Judicial Branch 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 Index-Journal: (864) 223-1411 — indexjournal.com