Overview
Orangeburg County is located in South Carolina with a population of approximately 83,129. The Orangeburg 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 a simplified process for small estates. If the value of the decedent's probate estate (less liens and encumbrances) is $45,000 or less, successors may file an Affidavit for Collection of Personal Property (Form 420ES) after a 30-day waiting period, provided no Personal Representative has been appointed.
South Carolina probate fees are calculated based on the value of the probate estate. For example, estates valued between $20,000 and $59,999 have a filing fee of $67.50, while estates over $600,000 are charged a base fee plus a percentage of the excess.
This guide provides an informational overview of the Orangeburg 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
Orangeburg County Probate Court
Probate matters in Orangeburg County are handled at the Orangeburg County Courthouse.
Address: 151 Docket Street, Room 105, Orangeburg, SC 29115
Phone: (803) 533-6280 (Probate Court)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Court is located on the first floor of the courthouse. The court handles the administration of estates, issuance of marriage licenses, and appointment of guardians and conservators.
Parking and Access
Public parking is available around the courthouse complex. Visitors must pass through security screening upon entry; cell phones and electronic devices may be restricted.
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 be able to use the Affidavit for Collection of Personal Property (Form 420ES) after 30 days.
- Summary Administration: Available for estates where the value of assets does not exceed $45,000, allowing for a streamlined process.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file the Application/Petition for Probate of Will and/or Appointment (Form 300ES) with the Orangeburg County Probate Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Filing fee (based on estate value)
- Appointment of Agent for Service of Process (if the Personal Representative is out-of-state)
- Renunciations of Right to Administration (if applicable)
Step 3: Provide Notice
After filing, you must:
- Mail notice (Information to Heirs and Devisees - Form 305ES) to all heirs and beneficiaries within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Orangeburg County (such as The Times and Democrat) once a week for three successive weeks.
Step 4: Attend the Hearing
Formal probate may require a hearing if there are contests or if the will is not self-proving. For informal probate, the judge or clerk typically reviews the application without a formal hearing and issues Letters Testamentary or Letters of Administration upon approval.
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.
- Allow the creditor claim period to expire (8 months from the first publication of notice).
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Proposal for Distribution and a Petition for Settlement to close the estate.
Local Requirements
Orangeburg County-Specific Procedures
- Filing Methods: Documents may be filed in person or by mail. Check with the court for current e-filing availability.
- Judge: The Probate Judge is the Honorable Pandora Jones-Glover.
- Publication: Notice to Creditors must be published in a local newspaper, typically The Times and Democrat.
- Local Forms: While state forms are standard, the county may require specific cover sheets or contact information forms.
Always verify specific local rules with the Probate Court clerk before filing.
Timeline & Fees
Filing Fees (Orangeburg County)
Fees are based on the gross value of the probate estate (SC Code § 8-21-770):
- 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 amount over $100,000
- $600,000 and above: $845.00 plus 0.25% of amount over $600,000
- Certified copies: $5.00 per copy (plus page fees)
- Publication costs: Approximately $60-$150, paid directly to the newspaper.
Payment Methods
The court typically accepts cash, money orders, or business checks. Personal checks may not be accepted; confirm with the clerk.
Estimated Timelines
- Small Estates: 1-2 months (after 30-day waiting period)
- Simple estates: 9-12 months (due to 8-month creditor period)
- Complex or contested estates: 12 months to 2+ years
The 8-month creditor claim period is a mandatory statutory minimum for full administration.
Local Resources
Orangeburg County Court Resources
- Court Website: orangeburgcounty.org
- 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: (803) 799-7100 — scbar.org
- South Carolina Legal Services: (888) 346-5592 — sclegal.org
Publication
- The Times and Democrat: (803) 534-3352 — thetandd.com