Filing Fees

Berkeley County, South Carolina

Fee Type	Amount
Filing fee if the Decedent had no assets but DID have an original Will	$25
Adult Conservatorship	$150.00

Judges & Officers

Hon. Keith Kornahrens

Crystal S. Smalls (Associate Judge)

Required Forms

Original Death Certificate Valid Picture ID If The Decedent Had A Will: Original Will If The Decedent Had No Will: Renunciations signed by anyone with higher priority or with equal priority (Or Death Certificate of any deceased person with priority)

Probate Forms Library

49 fillable forms — scroll to browse

1041 — Accumulation Distribution for Certain Complex TrustsfederalDownload

1041-T — Allocation of Estimated Tax Payments to BeneficiariesfederalDownload

1041 — Alternative Minimum Tax — Estates and TrustsfederalDownload

Application For Burial BenefitsfederalDownload

SSA-4 — Application for Child's Insurance BenefitsfederalDownload

SF 2800 — Application for Death Benefits (CSRS)federalDownload

SF 3104 — Application for Death Benefits (FERS)federalDownload

Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload

SS-4 — Application for Employer Identification NumberfederalDownload

706 — Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload

SSA-10 — Application for Widow's or Widower's Insurance BenefitsfederalDownload

1041 — Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload

1041 — Capital Gains and Losses (Estates and Trusts)federalDownload

706-CE — Certification of Payment of Foreign Death TaxfederalDownload

FE6 — Claim for Death Benefits (FEGLI)federalDownload

VA40-1330 — Claim For Standard Government Headstone Or MarkerfederalDownload

SF 2818 — Continuation of Life Insurance Coverage as AnnuitantfederalDownload

FE7 — Designation Of Beneficiary (FEGLI)federalDownload

SF 2823 — Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload

FS 5336 — Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload

8855 — Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload

1041 — Estimated Income Tax for Estates and TrustsfederalDownload

706 — Generation-Skipping Transfer Tax (Form 706)federalDownload

706-GS — Generation-Skipping Transfer Tax Return for DistributionsfederalDownload

706-GS — Generation-Skipping Transfer Tax Return for TerminationsfederalDownload

8971 — Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload

56 — Notice Concerning Fiduciary RelationshipfederalDownload

706-GS — Notification of Distribution From a Generation-Skipping TrustfederalDownload

1041-V — Payment Voucher (Estate or Trust)federalDownload

I-360 — Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload

2848 — Power of Attorney and Declaration of RepresentativefederalDownload

FS 1455 — Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload

706 HAS — Request for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload

4810 — Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload

FS 1522 — Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload

SSA-721 — Statement of Death by Funeral DirectorfederalDownload

1310 — Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload

706-NA — U.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload

706-QDT — U.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload

1041 U — U.S. Income Tax Return for Estates and TrustsfederalDownload

1041-A — U.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload

706-A — United States Additional Estate Tax ReturnfederalDownload

706 UNITED — United States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload

709 — United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload

420ES - Affidavit for Collection of Personal Property (Probate)South Carolina Judicial Branch's WebsitestateDownload

421ES Verified Statement to Close Estate (Probate)South Carolina Judicial Branch's WebsitestateDownload

435ES - Exempt Property Claim (Probate)South Carolina Judicial Branch's WebsitestateDownload

IN THE PROBATE COURT STATEMENT OF CREDITOR'S ...South Carolina Judicial Branch's WebsitestateDownload

Inventory and Appraisement: Probate PropertySouth Carolina Judicial Branch's WebsitestateDownload

Probate Guide

Probate in Berkeley County, South Carolina

The Berkeley County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Berkeley County, SC, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In South Carolina, the probate court in each county oversees this process.

When Is Probate Required in South Carolina?

Probate is generally required when:

The deceased owned real estate solely in their name
The estate contains assets above South Carolina's small estate threshold
There are disputes among heirs or creditors
Assets are not held in a trust or joint tenancy

Steps to File for Probate in Berkeley County

Locate the will (if one exists) and gather the death certificate
File a petition with the Berkeley County Probate Court to open probate
Notify heirs and creditors as required by South Carolina law
Inventory the estate — identify all assets, debts, and liabilities
Pay debts and taxes — settle outstanding obligations from estate funds
Distribute remaining assets — according to the will or state intestacy laws
Close the estate — file a final accounting with the court

How Long Does Probate Take?

In South Carolina, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While South Carolina does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Berkeley County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Berkeley County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Berkeley County Probate Court is an Administrative Office and a Judicial Office. The Judicial Office resolves conflicts between interested parties in bench or jury trials. The Administrative Office assists and oversees the processes and procedures which are set forth in The Probate Code. Matters handled in the Probate Court are generally divided into four separate divisions: Estate Division, Guardian/Conservator Division, and Therapeutic Division.

Office Hours

Monday-Friday9:00 AM - 5:00 PM

FAQ

Where do I file for probate in Berkeley County, SC?

Probate petitions for estates in Berkeley County are filed at the Berkeley County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Berkeley County?

Probate filing fees in Berkeley County, South Carolina vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in South Carolina?

Probate in South Carolina typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Berkeley County?

While not always legally required in South Carolina, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in South Carolina, their assets are distributed according to state intestacy laws. The Berkeley County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

Closest to this court, South Carolina

Giampiero (G.P.) Diminich

Shumaker

Charleston · 29 mi

General Trust & EstateBusiness Planning+1

John von Lehe

Nelson Mullins Riley & Scarborough LLP

Charleston · 30 mi

David Kunes

Evans, Carter, Kunes & Bennett, P.A.

Charleston · 30 mi

Business PlanningFiduciary Income Tax Planning+1

Robert (Bob) Kunes

Evans, Carter, Kunes & Bennett, P.A.

Charleston · 30 mi

Florence (Patty) Scarborough

Evans, Carter, Kunes & Bennett, P.A.

Charleston · 30 mi

Business PlanningGeneral Trust & Estate+1

See more attorneys near Berkeley County →

Related Resources

South Carolina Probate Guide →All South Carolina Courts →Financial Institutions →