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

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

How much does probate cost in Charleston County?

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

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 Charleston 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 Charleston County Probate Court will appoint an administrator to manage the estate.

Charleston County Probate Court, South Carolina

Q: 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.

Court Location & Contact

Address

100 Broad St., Suite 469, Charleston, SC 29401

Phone

(843) 958-5180

Fax

(843) 958-5191

Visit Official Court Website

Filing Fees

Charleston County, South Carolina

Fee Type	Amount
Less than $5,000.00	$25.00
$5,000.00 but Less than $20,000.00	$45.00
$20,000.00 but Less than $60,000.00	$67.50
$60,000.00 but Less than $100,000.00	$95.00
$100,000.00 but Less than $625,000.00	$95.00 plus .15 percent of the property valuation between $100,000.00 and $600,000.00
Property valuation of $625,000.00 or higher	Amount set forth in (5) above plus 1/4 of 1% of the property valuation above $600,000.00

Judges & Officers

IG

Irvin G. Condon

LS

Lenna S. Kirchner

PA

Peter A. Kouten

DM

David Michel

SM

Sydney M. Fowler

Required Forms

Application for Informal Probate and Appointment (Form #300ES)

Will for Record (Form #306ES) or Probate of Will (Form #306ES)

Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding (Form #420ES)

Probate Guide

Probate in Charleston County, South Carolina

The Charleston 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 Charleston 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 Charleston County

Locate the will (if one exists) and gather the death certificate
File a petition with the Charleston 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 Charleston County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Charleston 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 Probate Court assists citizens in probating estates, resolving disputes in estates and trusts, handling involuntary commitments for alcohol/drug abuse and/or mental illness, obtaining marriage licenses, appointing and supervising guardians and conservators, and approving minor and wrongful death settlements. Probate Court includes the Estate, Commitment and Marriage Divisions. The Probate Judge is elected countywide and serves a four-year term.

Charleston County