South Carolina Probate Court

Probate is the legal process by which a deceased person’s estate is administered. The process involves paying debts owed by the deceased and distributing remaining assets to beneficiaries. In South Carolina, Probate Courts, established in every county, preside over probate-related matters.

How the Probate Process Works in South Carolina

In South Carolina, the probate process begins when a petition is filed in the Probate Court of the county where the decedent resided. The process continues with the appointment of an executor (personal representative). The executor is responsible for notifying heirs and creditors, filing an inventory of assets, and paying debts and taxes. Finally, they distribute the remaining property to beneficiaries based on the will or the state’s intestacy laws.

South Carolina allows interested parties to choose between formal probate and informal probate. The probate process may last between 8 and 12 months for simple cases, while complex contested cases may extend for years.

What Are the Costs of Probate in South Carolina?

The cost of probate cases in South Carolina includes court filing fees, which are determined by individual counties and based on the value of the assets. Other fees may consist of executor compensation, appraisal fees, attorney fees, and certified copy charges. Executors are entitled to reasonable compensation, determined by the probate court, typically capped at 5% of the estate’s value.

Types of Probate Cases in South Carolina

Types of probate cases in South Carolina include the following:

• Testate Probate: When the decedent left a valid will to divide the assets.
• Intestate Probate: In the absence of a valid will, assets are distributed under state intestacy law.
• Informal Probate: Streamlined process for uncontested estates and does not require a hearing in the court.
• Formal Probate: This is necessary when disputes arise, and it results in a formal hearing in a court.
• Small Estate Affidavit: If an estate’s value is less than $25,000, heirs may transfer the assets without a probate hearing.

South Carolina Probate Court Forms and Filing Instructions

South Carolina probate forms are available on the Court Forms portal managed by the state’s Judicial Branch. Alternatively, individuals may visit the county probate court clerks to obtain required forms. Due to the varying requirements across different counties, petitioners should consult the relevant local probate court before filing.

How South Carolina Probate Courts Work at the County Level

The Probate Court handles all probate matters in each of South Carolina’s counties. Although state laws govern the legal framework for probate matters, each county manages its probate proceedings. The Probate Courts in the major counties are listed below:

• Greenville County – One of the busiest probate courts, offers extensive online resources.
• Richland County (Columbia) – Provides probate guidance and forms through the county website.
• Charleston County – Probate filings supported by online instructions and clerk assistance.
• Horry County (Conway/Myrtle Beach) – Offers small estate services and contested probate hearings.
• Spartanburg County – The county probate judge and clerk manage probate matters.
• Lexington County – Provides simplified probate instructions for informal cases.
• York County (Rock Hill)– Probate filings are available both online and in person.
• Berkeley County – Handles both formal and informal probate petitions.
• Anderson County – Probate services are supported at the courthouse probate office.
• Beaufort County – Probate court handles estates, guardianships, and conservatorships.

How to Search Probate Records in South Carolina

The Probate Court Clerk is responsible for maintaining probate records in each county. Interested parties may find probate records online through the statewide search portal. For more detailed probate records, individuals should visit the local probate court or the South Carolina Department of Archives and History. Copies of certified probate records obtained from the clerk’s office come at a fee.