ProbateUS
Probate Court

Kershaw County

South Carolina

803-425-1503

Fax

803-425-1526

Probate Records

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In Kershaw County, South Carolina, you file a probate case with the Kershaw County probate court at 1121 Broad Street, Room 225, Camden, SC 29020. You can reach the court at 803-425-1503. Below you'll find 11 filing fees, 63 downloadable forms and the office hours.

Court details last updated

Court Location & Contact

Address

1121 Broad Street, Room 225, Camden, SC 29020

Fax

803-425-1526

Filing Fees

Kershaw County, South Carolina

Fee TypeAmount
Small Estate Affidavit Court Fees Less than or Equal to $100.00$17.50
Small Estate Affidavit Court Fees $101.00 to $4,999.99$30.00
Small Estate Affidavit Court Fees $5,000.00 to $19,999.99$50.00
Small Estate Affidavit Court Fees $20,000.00 to $25,000.00$72.50
Full Estate Probate Court Fees $0.00 to $4,999.99$25.00
Full Estate Probate Court Fees $5,000.00 to $19,999.99$45.00
Full Estate Probate Court Fees $20,000.00 to $59,999.99$67.50
Full Estate Probate Court Fees $60,000.00 to $99,999.99$95.00
Full Estate Probate Court Fees $100,000.00 to $599,999.99$95.00 plus .0015 in excess of $100,000.00
Full Estate Probate Court Fees $600,000.00 and above$845.00 on the 1st $600,000 plus .0025 in excess of $600,000.00
Filing Fee$25.00

Judges & Officers

DB
Debbie Branham

Probate Forms Library

63 fillable forms. Scroll the list to see them all.

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
Additional Devisees/Heirs/SuccessorsstateDownload
Affidavit of HeirsstateDownload
Application (Informal) / Petition (Formal) for Probate of Will or Appointment (Mandatory)stateDownload
Application / Petition for Successor Personal RepresentativestateDownload
Application for Restraint or Performance of Personal RepresentativestateDownload
Demand for Non-Probate Property InventorystateDownload
IN THE PROBATE COURT STATEMENT OF CREDITOR'S ...South Carolina Judicial Branch's WebsitestateDownload
Information to Heirs and DeviseesstateDownload
Inventory and Appraisement (Conservator) (Mandatory)stateDownload
Inventory and Appraisement LF (Mandatory)stateDownload
Inventory and Appraisement SF - Continuation SheetstateDownload
Inventory and Appraisement: Probate PropertySouth Carolina Judicial Branch's WebsitestateDownload
Petition for Removal of Personal RepresentativestateDownload
Probate Court Guidelines for Reports by Appointed Physician(s) Examiner(s)stateDownload
Probate Rule 5 - Pro of of ADRstateDownload
Proof of Delivery for Non-Probate Property InventorystateDownload

How Probate Works in Kershaw County

Probate in Kershaw County, South Carolina

The Kershaw 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 Kershaw 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 Kershaw County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Kershaw County Probate Court to open probate

  3. Notify heirs and creditors as required by South Carolina law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. 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 Kershaw County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Kershaw 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.

Funeral homes near the Kershaw County probate court

Additional Notes

The Kershaw County Probate Court oversees estate administration, appoints guardians and conservators for minors and incapacitated persons, issues marriage licenses, orders involuntary commitments of mentally ill and chemical dependent persons, and hears and decides trust and estate litigation. An online estate index is available for estates filed from 1981 to the present. Viewing actual estate documents online is not currently available. The Kershaw County Probate Court does not perform marriage ceremonies.

Office Hours

Monday-Friday8:30 AM - 5:00 PM

Common Questions

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

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

How much does probate cost in Kershaw County?

Probate filing fees in Kershaw 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 Kershaw 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 Kershaw County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

The closest we list to this court

William (Bill) Reynolds

Todd & Johnson, LLP

Columbia · 28 mi

W. Steven (Steve) Johnson

Todd & Johnson, LLP

Columbia · 28 mi

Kenneth (Ken) Wingate

Sweeny, Wingate & Barrow, P.A.

Columbia · 29 mi

S. Alan (Alan) Medlin

University of South Carolina School of Law

Columbia · 29 mi

Mark Glover

University of South Carolina, Rice School of Law

Columbia · 29 mi

See more attorneys near Kershaw County→