Charleston County Probate Court: A Guide for Families

Which building you need

Drop boxes outside both offices accept documents after hours. Public estate and will records are searchable online at southcarolinaprobate.net.

Who files here

An estate is opened in the county where the person was domiciled at death. Charleston, North Charleston, Mount Pleasant, West Ashley, James Island, Johns Island, Wadmalaw Island, Folly Beach, Sullivan’s Island, Isle of Palms, Ravenel, Hollywood, Meggett, McClellanville and Awendaw all file here. Daniel Island is part of the City of Charleston but lies in Berkeley County, so a Daniel Island resident’s estate is opened in Moncks Corner. Hanahan and Goose Creek are Berkeley County as well.

EZ-Filing, appointments and workshops

Charleston County runs the most automated probate court in the region. Under an administrative order, documents are filed electronically through EZ-Filing; an account also lets you view every image on your case, which is the easiest way to keep up with what has been filed. Original wills must still be delivered to the court. Families handling an estate themselves can book an estate appointment with staff through the link on the court’s website and sign up for its free virtual and in-person workshops on estate administration and estate planning. The court also runs a mental health court, drug courts and a veterans treatment court, which is why the Judicial Center lobby is busier than you expect.

Opening an estate, step by step

1. Deliver the will. The original will must be delivered to the Estate Division 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, filed through EZ-Filing or at the counter.
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. Charleston County estates are often in the upper tiers because of real estate values: a $700,000 estate pays $1,095.
4. Bond and waivers. A personal representative not excused by the will posts a fiduciary bond (Form 341ES); heirs may waive it.
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 Charleston County newspaper; the newspaper’s charge is typically $40 to $120. 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 Charleston County Register of Deeds at 101 Meeting Street, and the estate closes on an accounting or a proposal for distribution with receipts. Routine estates close in roughly ten to fourteen months; estates with downtown or island real estate to sell take longer.

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. Given Charleston County property values, the affidavit usually works only when the real estate was jointly owned or in a trust.

Guardianships, conservatorships and minors

The Commitment and Guardianship Division at 100 Broad Street handles adult guardianships and conservatorships, conservatorships for minors, and the court’s approval of minor and wrongful death settlements; settlements for a minor over $25,000 go to the circuit court in the same building. Guardians of a child’s person are appointed by the Charleston County Family Court.

Getting there

Both buildings are at the Four Corners of Law, Broad and Meeting Streets, downtown. From Summerville allow forty-five minutes on I-26 to the Meeting Street exit; from Mount Pleasant, the Ravenel Bridge to East Bay and Broad. Street parking is metered and scarce; the city garages on Cumberland and Queen Streets are the practical choice. Security screening is required at both entrances, so leave time.

Do you need a lawyer?

Not for every estate. Charleston County’s appointments and workshops make a simple estate manageable for a careful family member. Call us when there is downtown, island or rental real estate to keep, sell or divide; when heirs are out of state or out of the country; when there is no will and the family is complicated; when an heir is a minor or has a disability; when a business or heirs’ property is involved; or when anyone is already unhappy. Our Charleston probate page explains how we handle estates in this court from Summerville, thirty minutes away.

Questions people ask

Related pages

• Charleston probate

  Estate administration, disputes and guardianship in the Charleston County Probate Court.

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• The probate process

  Every step from delivering the will to closing the estate, with the deadlines that matter.

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• Dorchester County Probate Court

  Address, hours, the worksheet-and-seminar rule, forms, fees and timelines at the St. George courthouse.

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