Overview
Union County is located in South Carolina with a population of approximately 26,678. The Union 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. The process begins with filing an 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 valued at $45,000 or less (increased from $25,000 effective May 8, 2025 under Act No. 26). This involves filing an Affidavit for Collection of Personal Property (Form 420ES) after a 30-day waiting period. Note: The official Form 420ES PDF may still reference the previous $25,000 threshold, but the current legal limit is $45,000.
South Carolina personal representatives are entitled to reasonable compensation, typically not exceeding 5% of the appraised value of the personal property of the estate, unless otherwise provided in the will.
This guide provides an informational overview of the Union 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
Union County Probate Court
Probate matters in Union County are handled at the Union County Court House.
Address: 210 W Main St, Union, SC 29379
Phone: (864) 429-1625 (Probate Judge's Office)
Hours: Open by appointment only, Monday through Friday, 9:00 AM to 5:00 PM
The Probate Court is located in the historic Union County Court House. The office operates by appointment only. Call (864) 429-1625 to schedule an appointment for filings or viewing records.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. Security screening is required upon entry to the courthouse.
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, allowing the Personal Representative to immediately disburse assets.
- 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 Union County Probate Court. Include:
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Application/Petition for Probate (Form 300ES)
- Filing fee (typically $150.00 for full estates)
- Renunciations of Right to Administer (if applicable)
E-filing is not widely available for Union County Probate Court; documents are typically filed in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 20 days before the hearing (if a formal hearing is required)
- Publish notice in a newspaper of general circulation in Union County for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing if formal probate is requested. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish a Notice to Creditors in a local newspaper once a week for three consecutive weeks. Creditors have 8 months from the first publication to file claims.
- Inventory and appraise all estate assets within 90 days of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Union County-Specific Procedures
- Appointment Required: The court operates by appointment only; call (864) 429-1625 before visiting.
- Payment Methods: Cash, money orders, or cashier's checks are preferred. Personal checks may not be accepted.
- Judge: Hon. Toni S. Allen presides over the Probate Court.
- Publication: Notice must be published in a newspaper of general circulation in Union County for three successive weeks.
Always check with the clerk for the most current local rules regarding document formatting and submission.
Timeline & Fees
Filing Fees (Union County)
- Formal Probate Petition: approximately $150.00
- Small Estate Affidavit: approximately $25.00 - $95.00 (depending on value)
- Certified copies of Letters: approximately $5.00 per certified copy
- Publication costs: approximately $40-$60 depending on the newspaper
Executor fees are generally capped at 5% of the personal estate value.
Payment Methods
The court accepts cash, money orders, or cashier's checks. Credit cards may not be accepted.
Estimated Timelines
- Simple estates (no disputes, limited assets): 8-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The mandatory 8-month creditor claim period sets the minimum duration for full probate.
Local Resources
Union County Court Resources
- Court Website: unioncountyprobate.net
- Probate Self-Help: South Carolina Probate Court Self-Help
- South Carolina Judicial Branch Forms: State Probate Forms
Legal Aid and Attorney Referrals
- South Carolina Bar: (803) 799-6653 — Statewide legal resources
- South Carolina Legal Services: (888) 346-5592 — Free legal assistance for eligible residents
- State Bar Lawyer Referral: scbar.org
Publication
- Union County News: (864) 427-1234 — Newspaper of general circulation for legal notices
- The Union Times: (864) 427-1234 — Local newspaper