Overview
McCormick County is located in South Carolina with a population of approximately 9,983. The McCormick 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.
Small Estate Procedures: For decedents who died after May 8, 2025, South Carolina offers a simplified "Small Estate" process if the value of the estate (less liens and encumbrances) does not exceed $45,000. This is filed via an Affidavit for Collection of Personal Property (Form 420ES) after a 30-day waiting period. Note: Official court forms may still reference the previous $25,000 threshold and are being updated.
Statutory Fees: South Carolina law sets probate fees based on the value of the probate estate. Fees start at $25.00 for estates under $5,000 and increase based on a statutory schedule.
This guide provides an informational overview of the McCormick 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
McCormick County Probate Court
Probate matters in McCormick County are handled at the McCormick County Courthouse.
Address: 133 South Mine Street, Room 101, McCormick, SC 29835
Phone: (864) 852-2630
Hours: Monday through Friday, 9:00 AM to 5:00 PM
The Probate Court is located on the first floor of the historic courthouse. The court is presided over by Probate Judge John H. Gray, who oversees estate administration, marriage licenses, and guardianships.
Parking and Access
Public parking is available around the courthouse square and in designated lots near the county administration buildings. The building is accessible, with security screening required upon entry.
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 (for deaths after May 8, 2025), you may file an Affidavit for Collection of Personal Property (Form 420ES) after 30 days. Note: Official forms may still reference the previous $25,000 threshold.
- Summary Administration: Available for estates where the value of assets does not exceed the exempt property, costs of administration, funeral expenses, and 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 Petition for Probate (Form 300ES) with the McCormick County Probate Court. Include:
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Filing Fee (calculated based on estate value)
- Renunciations of Right to Administer (if necessary)
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 McCormick County (typically The McCormick Messenger) 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 regarding the appointment of the personal representative. For informal probate (the most common method), the Probate Judge or Clerk typically processes the petition without a formal court hearing if all 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.
- Notify Creditors and allow the 8-month creditor claim period to expire.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Accounting and Proposal for Distribution (Form 410ES) to close the estate.
Local Requirements
McCormick County-Specific Procedures
- Filing Method: McCormick County primarily accepts in-person and mail filings. Check with the court regarding the current status of e-filing availability.
- Payment: The court typically accepts cash, money orders, or business checks. Personal checks may not be accepted for all fees; confirm with the clerk.
- Publication: The court will often assist in coordinating the publication of the Notice to Creditors with The McCormick Messenger. The personal representative is responsible for the publication cost.
- Local Forms: While the state forms are standard, the court may require a specific local worksheet for calculating estate value and fees.
Timeline & Fees
Filing Fees (McCormick County)
Fees are based on the value of the probate estate (assets passing through the will/intestacy):
- Estate value $0 - $4,999: $25.00
- Estate value $5,000 - $19,999: $45.00
- Estate value $20,000 - $59,999: $67.50
- Estate value $60,000 - $99,999: $95.00
- Estate value $100,000 - $599,999: $95.00 + 0.15% of amount over $100,000
- Estate value $600,000+: $845.00 + 0.25% of amount over $600,000
Payment Methods
The court accepts cash, money orders, and cashier's checks. Credit cards may be accepted with a processing fee.
Estimated Timelines
- Small Estate Affidavit: 30-day waiting period; processing takes 1-2 weeks.
- Simple Estates: 10-12 months (due to the mandatory 8-month creditor period).
- Complex or Contested Estates: 18 months to 2+ years.
Local Resources
McCormick County Court Resources
- Court Website: McCormick County Probate Court
- SC Judicial Branch Forms: South Carolina Court 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 McCormick Messenger: (864) 852-2210 — Newspaper of general circulation for probate notices.