Overview
Richland County is located in South Carolina with a population of approximately 430,000. The Richland 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 Form 300ES (Application/Petition for Probate of Will and Appointment of Personal Representative) 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 procedure for small estates valued at $45,000 or less (increased from $25,000 by Act No. 26, effective May 2025). This process uses the Affidavit for Collection of Personal Property (Form 420ES) and requires a 30-day waiting period after death. Note: The official Form 420ES may still display the previous $25,000 threshold on the form itself, but the current legal limit is $45,000.
Personal representatives are generally entitled to a commission not to exceed 5% of the appraised value of the personal property of the estate, plus 5% of income earned by the estate, unless the will specifies otherwise or the court approves a different amount.
This guide provides an informational overview of the Richland 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
Richland County Probate Court
Probate matters in Richland County are handled at the Richland County Judicial Center.
Address: 1701 Main Street, Suite 207, Columbia, SC 29201
Phone: (803) 576-1961 (Estate Division)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Court is located on the 2nd floor of the Judicial Center. The court handles estate administration, marriage licenses, and guardianships/conservatorships.
Parking and Access
Free public parking is available in the surface parking lot next to the building; visitors must walk up the hill to the front entrance. Accessible parking is also available near the entrance. Security screening is required upon entry to the Judicial Center.
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 (and no real estate is being transferred through probate), you may file an affidavit after a 30-day waiting period.
- Summary Administration: Available if the value of the estate does not exceed the homestead allowance, exempt property, family allowance, costs of administration, reasonable funeral expenses, and reasonable 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 Form 300ES (Application/Petition for Probate of Will and Appointment of Personal Representative) with the Richland County Probate Court. Include:
- Original Will and codicils (if any)
- Certified Death Certificate
- Form 300ES (fully completed)
- Filing fee (based on estate value)
- Renunciations (if applicable, from others with equal or higher priority to serve)
Richland County allows e-filing for attorneys via the South Carolina Courts E-Filing system.
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 Richland County (such as The Columbia Star or The State) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is typically not required unless the will is contested or there are irregularities. For formal probate, the court will schedule a hearing to validate the will and appoint the representative. Once approved, the court 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 and file the Inventory and Appraisement (Form 350ES) within 90 days of appointment.
- Pay valid creditor claims after the creditor period expires (8 months from first publication or 1 year from death, whichever is earlier).
- 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
Richland County-Specific Procedures
- E-filing: Richland County participates in the South Carolina E-Filing system for attorneys.
- Local Forms: While state forms are standard, check the Richland County Probate Court website for any specific local checklists or worksheets.
- Publication: Notice to creditors is mandatory. The court can assist with directing you to approved newspapers like The Columbia Star.
- Estate Value Calculation: Filing fees are calculated based on the gross value of the probate estate (assets passing through the will or intestacy).
Always check the Richland County Probate Court website for the most current administrative orders.
Timeline & Fees
Filing Fees (Richland 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 + 0.15% of amount over $100,000
- $600,000 and above: $845.00 + 0.25% of amount over $600,000
Other Fees:
- Certified copies: Approximately $5.00 - $20.00 depending on document type
- Publication costs: Approximately $30 - $100 (paid directly to newspaper)
- Recording fees: Varies by document page count
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees may apply).
Estimated Timelines
- Small Estates: 1-2 months (after 30-day waiting period)
- Simple estates: 8-12 months (statutory creditor period is 8 months)
- Complex or contested estates: 12 months to 2+ years
The estate must remain open for at least 8 months from the date of the first publication of the Notice to Creditors to allow for claims.
Local Resources
Richland County Court Resources
- Court Website: Richland County Probate Court
- Probate Self-Help: SC Judicial Branch Self-Help
- South Carolina Probate Forms: SC Courts 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 Columbia Star: (803) 771-0219 — thecolumbiastar.com
- The State: (803) 771-6161 — thestate.com