Overview
Williamsburg County is located in South Carolina with a population of approximately 29,865. The Williamsburg 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 Probate of Will and/or Appointment (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 "Small Estate" process for estates valued at $45,000 or less (as of May 2025), provided there is no real property requiring probate. This is done via an Affidavit for Collection of Personal Property (Form 420ES). Note: The official Form 420ES may still reference the previous $25,000 threshold until the form is updated by the state.
South Carolina law sets statutory compensation for personal representatives at up to 5% of the appraised value of the personal property of the estate, unless the will specifies otherwise or a written agreement is made.
This guide provides an informational overview of the Williamsburg 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
Williamsburg County Probate Court
Probate matters in Williamsburg County are handled at the Williamsburg County Courthouse.
Address: 147 W. Main Street, Kingstree, SC 29556
Phone: (843) 355-9321 (Ext. 6200)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Court is located in the main county complex in Kingstree. The court handles estates, marriage licenses, and guardianships/conservatorships.
Parking and Access
Public parking is available around the courthouse square and in designated lots near the county administration buildings. Security screening is required for entry into 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 only of personal property valued at $45,000 or less, you may qualify for a simplified affidavit process after a 30-day waiting period.
- Joint Tenancy with Rights of Survivorship: Property owned jointly with rights of survivorship passes automatically to the surviving owner.
- 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 of Will and/or Appointment (Form 300ES) with the Williamsburg County Probate Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Filing Fee (based on estate value)
- Form 300ES (Application/Petition for Probate)
E-filing is not widely mandatory for pro se litigants in all SC counties yet; check with the clerk for current digital submission options.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if formal) or notice of appointment (if informal) to all heirs and devisees within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Williamsburg County (such as The News) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required unless the will is contested. For formal probate, the court will schedule a hearing to validate the will. Once approved, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow the 8-month creditor claim period to run.
- 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 Proposal for Distribution, then petition for discharge to close the estate.
Local Requirements
Williamsburg County-Specific Procedures
- Local Forms: While state forms are standard, the court may require a specific worksheet or checklist for opening files.
- Bond Requirements: A fiduciary bond is typically required for personal representatives unless waived in the will or by all heirs.
- Publication: Notice to creditors must be published in a local newspaper like The News (Kingstree).
- Appointment: Appointments are generally recommended for opening new estates to ensure all paperwork is correct.
Always verify specific local rules with the Probate Court clerk before filing.
Timeline & Fees
Filing Fees (Williamsburg County)
Fees are based on the gross 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+: See court fee schedule for cap/calculation.
- Certified Copies: ~$5.00 per copy
- Publication Costs: Approximately $40–$100 depending on the newspaper.
Payment Methods
The court typically accepts cash, money orders, or cashier's checks. Personal checks may not be accepted for initial filings.
Estimated Timelines
- Simple estates: 8-12 months (due to the mandatory 8-month creditor period).
- Average estates: 12-18 months.
- Complex or contested estates: 18 months to 2+ years.
The 8-month creditor claim period is a statutory minimum for full administration.
Local Resources
Williamsburg County Court Resources
- Court Website: Williamsburg County Probate Court
- 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: scbar.org
- South Carolina Legal Services: (888) 346-5592 — sclegal.org
Publication
- The News (Kingstree): (843) 355-6397 — Newspaper of general circulation for legal notices.