Overview
Kershaw County is located in South Carolina with a population of approximately 67,000. The Kershaw 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.
For smaller estates, South Carolina offers a simplified process. If the value of the decedent's probate assets (less liens and encumbrances) does not exceed $45,000, a Small Estate Affidavit (Affidavit for Collection of Personal Property) may be used after a 30-day waiting period, provided no Personal Representative has been appointed.
South Carolina law allows for a Personal Representative 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 Kershaw 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
Kershaw County Probate Court
Probate matters in Kershaw County are handled at the Kershaw County Government Center.
Address: 1121 Broad Street, Room 225, Camden, SC 29020
Phone: (803) 425-1503
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Court is located on the second floor of the Government Center. The court handles estates, marriage licenses, and guardianships/conservatorships.
Parking and Access
Public parking is available in the lots surrounding the Kershaw County Government Center. The building is accessible to the public during business hours with security screening at the entrance.
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, you may file an Affidavit for Collection of Personal Property (Form 420ES) after 30 days.
- Summary Administration: Available if the value of the estate does not exceed $45,000 plus exempt property, costs of administration, funeral expenses, and medical expenses.
- 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 Kershaw County Probate Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Estate Intake Packet (available from the court)
- Filing fee (based on estate value)
- Copy of the obituary (often requested)
The court may require you to complete a specific "Estate Intake Packet" before the initial 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 Kershaw County (such as the Chronicle-Independent) once a week for three successive weeks.
Step 4: Attend the Hearing
Formal probate may require a hearing if the will is contested or if there are issues with the appointment. For informal probate (most common), the judge or clerk may admit the will and appoint the representative without a formal hearing upon reviewing the paperwork.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Allow the creditor claim period to expire (8 months from the first publication of notice).
- Inventory and Appraise all estate assets and file the Inventory and Appraisement (Form 350ES) within 90 days of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Accounting and Petition for Discharge (Form 410ES) to close the estate.
Local Requirements
Kershaw County-Specific Procedures
- Estate Intake Packet: Kershaw County often utilizes an intake packet to gather initial information before opening an estate.
- Publication: Notice to creditors is typically published in the Chronicle-Independent. The court can assist with the necessary forms for publication.
- Local Court Rules: Be sure to check with the probate clerk regarding specific requirements for remote hearings or appointment scheduling.
- Filing Fees: Fees are payable to the Kershaw County Probate Court. The court accepts cash, checks, and money orders.
Timeline & Fees
Filing Fees (Kershaw 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 the amount over $100,000
- $600,000 and above: See court schedule (generally continues the percentage calculation)
- Publication Fee: Approximately $80.00 (payable to the newspaper or through the court if applicable)
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted with a convenience fee; verify with the clerk.
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 several years
The mandatory creditor claim period in South Carolina is 8 months from the date of the first publication of the notice to creditors.
Local Resources
Kershaw County Court Resources
- Court Website: kershaw.sc.gov
- Probate Self-Help: SC Courts 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
- Chronicle-Independent: (803) 432-6157 — chronicle-independent.com