Overview
York County is located in South Carolina with a population of approximately 303,000. The York 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.
South Carolina offers a simplified procedure for small estates. If the value of the decedent's probate estate (less liens and encumbrances) does not exceed $45,000, a successor may file an Affidavit for Collection of Personal Property (Form 420ES). This process is faster and less expensive than full administration but requires a 30-day waiting period after death. Note: The state form (Form 420ES) may still display the previous $25,000 threshold; confirm the current threshold with the court before filing.
Probate fees in South Carolina are 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 between $60,000 and $99,999 cost $95.00.
This guide provides an informational overview of the York 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
York County Probate Court
Probate matters in York County are handled at the Moss Justice Center. The current Probate Judge is Carolyn E. Woodruff.
Address: 1675 York Highway, York, SC 29745
Phone: (803) 684-8513
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Court is located on the second floor of the Moss Justice Center. The court handles estate administration, marriage licenses, and guardianships/conservatorships.
Parking and Access
Free public parking is available at the Moss Justice Center. Visitors must pass through security screening upon entering the building; cell phones and electronic devices may be restricted or require silencing.
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 a 30-day waiting period. Note: The state form may still show the previous $25,000 threshold; verify the current threshold with the court.
- 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 York County Probate Court. Include:
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Filing fee (based on estate value)
- Information to Heirs and Devisees (Form 305ES)
- Any additional required documents (e.g., Renunciation of Right to Administration)
Step 3: Provide Notice
After filing, you must:
- Mail notice (Information to Heirs and Devisees) to all heirs and beneficiaries within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in York County (such as The Herald or The Yorkville Enquirer) 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 (most common), the court registrar reviews the application and, if approved, issues Letters Testamentary or Letters of Administration without a formal hearing.
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
York County-Specific Procedures
- Appointment: All estate and guardianship/conservatorship administrations, and applications for marriage licenses require an appointment. Call the court at (803) 684-8513 to schedule.
- Original Will: The court requires the original will; copies are generally not accepted without a formal hearing.
- Publication: The court often assists with setting up the publication of the Notice to Creditors, but the personal representative is responsible for the cost.
- Local Forms: While state forms are standard, check with the York County Probate Court for any specific local checklists or worksheets.
Notice to creditors must be published in a local newspaper like The Herald or The Yorkville Enquirer for three consecutive weeks.
Timeline & Fees
Filing Fees (York County)
Fees are based on the gross value of the probate estate:
- 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 $0.50 per page)
- Publication costs: approximately $45-$150 depending on the newspaper
Payment Methods
The court accepts cash, money orders, and business checks. Personal checks may not be accepted for opening fees; confirm with the court. Credit cards are often accepted with a convenience fee.
Estimated Timelines
- Simple estates: 8-12 months (due to the 8-month creditor claim period)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The mandatory creditor claim period in South Carolina is 8 months from the first date of publication.
Local Resources
York County Court Resources
- Court Website: yorkcountygov.com/169/Probate-Court
- Probate Forms: sccourts.org/court-forms
- GIS/Property Search: yorkcountygov.com
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 Herald (Rock Hill): (803) 329-4000 — Major county newspaper
- The Yorkville Enquirer: (803) 684-3163 — Local weekly newspaper