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Probate · Berkeley County

Berkeley County Probate Court: A Guide for Goose Creek, Nexton and Cane Bay Families

Goose Creek, Hanahan, Moncks Corner, Daniel Island and the Berkeley County side of Summerville all file in Moncks Corner. Here is where the court is, how it takes filings, and what an estate costs and takes.

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The short answer

The Berkeley County Probate Court is at 300-B California Avenue, Moncks Corner, SC 29461, (843) 719-4519, open Monday through Friday from 9:00 AM to 5:00 PM; walk-in filings are taken until 3:30 PM, and a drop box at the front of the courthouse accepts documents from 9:00 AM to 4:00 PM. The court has Estate, Guardian/Conservator, Therapeutic and Marriage License divisions. Guardians for children are appointed by the Family Court, not the probate court. Clerks help with forms at the counter but cannot give legal advice.

Berkeley County Probate Court

300-B California Avenue, Moncks Corner, SC 29461 · (843) 719-4519 · Website

Estates, guardianships and conservatorships for Berkeley County residents, including Goose Creek, Hanahan, Nexton, Cane Bay and Daniel Island.

Who files here

An estate is opened in the county where the person was domiciled at death. Goose Creek, Hanahan, Moncks Corner, Daniel Island, Huger, Bonneau, St. Stephen and the Berkeley County side of Ladson file here, and so do the Summerville-address communities that sit across the county line: Nexton, Cane Bay, Carnes Crossroads, Sangaree and much of the Highway 17-A and Highway 176 corridors. Thousands of families moved into those neighborhoods in the last decade, and many assume Dorchester County. The county on the property tax bill or voter registration settles it, and filing in the wrong county costs weeks.

How the court takes filings

Berkeley County does not require a worksheet or seminar before a family files. Bring the documents to the counter during walk-in hours and an estate clerk will review them for completeness, or leave them in the drop box between 9:00 AM and 4:00 PM and the court will contact you. Hearings in contested matters are set by the court. The judge’s letter on the court’s website says it plainly: the clerks are capable and courteous, they cannot give legal advice, and the court recommends an attorney when you need legal assistance.

Opening an estate, step by step

  1. Deliver the will. The original will must be delivered to the court within thirty days of death (S.C. Code § 62-2-901), whether or not an estate is opened.
  2. Apply for appointment. Form 300ES, the Application (Informal) or Petition (Formal) for Probate of Will or Appointment, with a certified death certificate, the original will and the names and addresses of every heir and devisee. The person named in the will has priority; without a will, the surviving spouse, then the other heirs.
  3. Pay the fee. The estate fee under S.C. Code § 8-21-770 is based on the inventory value, from $25 for estates under $5,000 to $95 plus 0.15 percent of the value between $100,000 and $600,000 and 0.25 percent above that. The court collects an initial $25 and the balance when the inventory is filed.
  4. Bond and waivers. A personal representative not excused by the will posts a fiduciary bond (Form 341ES); heirs may sign waivers.
  5. Receive the certificate of appointment. Letters issue once the application is approved; certified copies are $5 each.
  6. Give notice. Within thirty days, Form 305ES to heirs and devisees, and a notice to creditors published once a week for three weeks in a Berkeley County newspaper. Creditors have eight months from first publication (S.C. Code § 62-3-801).
  7. File the inventory. Form 350ES within ninety days of appointment, with the balance of the fee.
  8. Pay, distribute and close. Claims and taxes are paid after the creditor period, real estate passes by deed of distribution (Form 400ES) recorded with the Berkeley County Register of Deeds, and the estate closes on an accounting or a proposal for distribution with receipts. Routine estates close in roughly ten to fourteen months.

Small estates

If the probate estate is $45,000 or less in personal property, Form 420ES, the small estate affidavit, can be filed thirty days after death and countersigned by the judge instead of opening an estate. The fee follows the same schedule, from $25 to $67.50.

Guardianships, conservatorships and minors

The Guardian/Conservator Division oversees adult guardianships and conservatorships and conservatorships for minors who inherit or receive settlement money, and the court approves minor settlements of $25,000 or less. Guardians of a child’s person are appointed by the Berkeley County Family Court, which sits in the same courthouse complex.

Getting there

From Summerville, take Highway 17-A north through Carnes Crossroads to Moncks Corner, about thirty minutes; from Goose Creek, Highway 52 north, about twenty. The courthouse is on California Avenue off Highway 52 with free parking, and the drop box is at the front entrance. Hearings are by appointment; call before you drive.

Do you need a lawyer?

Not for every estate. Berkeley County’s clerks are helpful, and a simple estate with a clear will and cooperative heirs can be handled by a careful family member. Call us when there is no will and the heirs are not obvious, when real estate will be kept or divided among several people, when an heir is a minor or has a disability, when debts may exceed assets, when the personal representative lives out of state, or when a family member is already unhappy. Tara Frost sat as a probate judge in the neighboring county; the Code and the forms are the same.

Frost first: if you are not sure whether the home is in Berkeley or Dorchester County, send us the address. We will tell you which court, and whether an estate is needed at all.

Opening an estate in Berkeley County?

Bring the will and a list of what was owned. We will tell you which route fits, what it will cost, and how long it will take.

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Questions people ask

Where is the Berkeley County Probate Court?

300-B California Avenue, Moncks Corner, SC 29461, in the county courthouse. Phone (843) 719-4519. Open Monday through Friday from 9:00 AM to 5:00 PM, with walk-in filings until 3:30 PM.

My address says Summerville. Do I file in Berkeley County?

If the home is in Nexton, Cane Bay, Carnes Crossroads, Sangaree or another Berkeley County neighborhood with a Summerville mailing address, yes. The county on the property tax bill controls, not the post office.

How much does probate cost in Berkeley County?

The same statutory fee as every South Carolina county: $25 for estates under $5,000 up to $95 plus 0.15 percent of the value between $100,000 and $600,000, and 0.25 percent above that, plus the newspaper’s charge for the creditor notice and $5 per certified copy.

Who appoints a guardian for a child in Berkeley County?

The Family Court. The probate court appoints conservators to manage a child’s money and approves minor settlements of $25,000 or less.

Can I file by drop box or mail?

The drop box at the front of the courthouse accepts documents from 9:00 AM to 4:00 PM. Call the court before mailing an original will; deliver it in person or by a method that tracks delivery.

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