letter

Dear Personal Representative and Family,

First, we offer our sincere condolences for the loss of your spouse, grandparent, mother, father, brother, sister, son, daughter, cousin or friend. We understand the great difficulty the passing of a loved one can cause. We are here to help you. One reason I ran for Probate Judge was to assist citizens and make them aware that the probate process does not have to be an unbearable experience. Accordingly, the following information concerning the statutory requirements of probating an estate is provided to assist you. The staff of the Probate Court will be pleased to provide information and assistance to the extent allowed by South Carolina law. Because our staff cannot provide legal advice, we recommend you consult with an attorney. Probate Court has professional estate clerks that handle your estate from start to finish. I conduct a monthly Estate Workshop, which is open to the public and provides an overview of probating an estate.

The second reason I ran for Probate Judge was to stress the importance of estate planning. We hope that you will take this opportunity to review your estate planning documents. You should consider a Last Will and Testament, a Trust, a Declaration of Desire for Natural Death (otherwise known as a Living Will), a Durable Power of Attorney for Healthcare, a Durable Power of Attorney for Business Affairs, the Five Wishes, and other advance directives. You will need legal counsel to complete your estate planning. For more information about "Why you need a Will", please call the South Carolina Bar Law Line toll free at 1-800-521-9788, ext. 160. As a public service, we provide samples of the statutory Living Will and Health Care Power of Attorney documentation. We hope that you will take this opportunity to review and update your estate planning documents, as well as encourage other family members to complete their estate plan.

As your Probate Judge, I am here to serve you. If you should have questions, comments, or suggestions, please let me know. I thank you for electing me as your Probate Judge and hope that we help make probate a pleasant experience considering the circumstances.

Sincerely,

Irvin G. Condon

Overview Of Probating An Estate

1. OPENING THE ESTATE
   1. Application/Petition
      To begin informal administration of an estate, complete the Application/Petition (Form 300ES/blue). This form is to be filed in the Probate Court in the county where the decedent was a permanent resident. Once you have a file number you will be assigned a clerk. No hearing is required for informal probate and/or informal appointment. For formal probate or appointment, the services of an attorney are recommended. This requires the filing of a Summons/Petition/filing fee and then service on the interested parties. A hearing will then be set for presentation of testimony. If a request for informal probate or appointment cannot be granted (because of certain legal requirements), we will so inform you. You may then proceed formally.
   2. Proof Of Death
      You need to furnish the Court with an original death certificate.
   3. Last Will And Testament
      You must provide the Court with the original Last Will and Testament of the decedent. If the person died without a Will this is known as "intestate" and you would indicate that on the application (Form 300ES).
   4. Fees
      Two fees will be required to open an estate -- one for probate fees and one for the Creditor's Notice. The fee to open the Estate is for the statutory probate fees (see attached schedule) and is due at the time the Informal Petition (Form 300ES/blue) is submitted. The Creditor's fee is for the creditor's advertisement, which appears in the newspaper once a week for three weeks. The Probate Court will handle the placement of this ad. You will select the newspaper as detailed on Item 2. Notice to Creditors below. After you file the Inventory and Appraisement you will be billed for Court Costs. See attached fee schedule.
   5. Bond
      Bond is required for an appointment of a Personal Representative of an intestate estate when a named Personal Representative is expressly required by the Will to post a bond, and when bond is demanded by an interested party. Bond may be waived: (1) if the Personal Representative certified by affidavit (ask for form) that the gross estate value will be less than $20,000, assets are sufficient to pay all claims, and that the Personal Representative agrees to be personally liable to any interested party for any negligence or misconduct in the performance of his duties; AND (2) if all known beneficiaries execute a written statement (ask for form) that they agree to the bond being waived.
   6. QUALIFICATION
      Once all initial requirements are completed and filed (valid Will, certified death certificate, completed Form 300ES, advertisement fee, bond (if applicable), renunciations (if applicable), etc.), Proper Order(s), Fiduciary Letters, and Certificates of Appointment will be issued by the Probate Court. This indicates that the necessary steps have been taken to begin the administration of this estate.
       
2. NOTICE TO CREDITORS - Due Date - Court to handle
   The Personal Representative is required to publish the Notice to Creditors if passed less than one year ago. Publication is to be once a week for three weeks. In Charleston County, the Probate Court now handles this for you. Publication is in the newspaper you select, and the fee for advertising depends upon which newspaper is selected; the advertising costs must be paid when the estate was opened. (Note, that because the Court places the ad a volume discount is received which is passed on directly to you). Creditors, by law, have eight months from the date of first publication of this notice to file claims. The newspaper will send to the Court an Affidavit of Publication indicating on which dates the ad was published. The Probate Court will mail a copy of the Affidavit of Publication to the attorney of record or to the Personal Representative if there is not an attorney of record.
3. INFORMATION TO HEIRS AND DEVISEES - Due Date - 30 days after appointment
   PROOF OF DELIVERY - Due Date - 30 days after appointment
   Within 30 days after your appointment you must give information of your appointment and the probate of the Will, if applicable, to all devisees and heirs (Form 305ES). The devisees are the persons named to inherit in the Will, and the heirs are those who would inherit had there been no Will. You must return the Proof of Delivery (Form 120PC) to the Probate Court along with a copy of the "Information to Heirs and Devisees". If you use a different manner of giving notice for different persons, please indicate such on the "Proof of Delivery".

4. INVENTORY AND APPRAISEMENT - Due Date - 90 days after appointment
   Within 90 days after your appointment, you must file an Inventory and Appraisement (Form 350ES) with the Probate Court. You are to list and value all property owned by the decedent at death including property owned with another person. You may ask the Probate Court to authorize the employment of appraisers (Form 351ES) if you feel they are necessary, but they are not required. Take care to discover, list, and value all property to avoid delays in closing this estate later. In the event an extension is needed, please submit Petition for Extension (Form 352ES) prior to the Inventory due date.

   Upon receipt of the Inventory, a Court cost will be assessed and billed. See Probate Court fees on the attached back sheet.

   The filing of returns and/or payment of any South Carolina and Federal estate taxes or income taxes are the responsibility of the Personal Representative.

5. CLAIMS
   Eight months after the first publication of the Notice to Creditors, the period for filing creditor's claims expires. If you have not already done so, proceed to pay claims. If the assets of the estate are insufficient to pay all claims in full, payment is to be made in the following order:
   
   1. Costs and expenses of administration, including attorney's fees, and reasonable funeral expenses;
   2. Debts and taxes with preference under federal law;
   3. Reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him/her and medical assistance paid by Medicaid;
   4. Debts and taxes with preference under other laws of this state, in order of their priority;
   5. All other claims.

   Also, while debts or claims may be paid at any time by a Personal Representative, you may incur personal liability if any preferred creditor is damaged or injured by such payment. Claims which are not valid claims may be disallowed through proper procedures.

6. DEED OF DISTRIBUTION
   If there is real estate (land, house, etc.) in the estate, a Deed of Distribution (Form 400ES) must be completed. It is recommended that your attorney assist you with this duty. The Deed of Distribution transfers the real property from the decedent's name to those who inherit it. It is suggested that this not be done until all the claims are received and it is determined that the real estate does not need to be sold to pay the debts. For Charleston County real property, if an attorney prepares the Deed of Distribution, the attorney must record the Deed of Distribution at the Register of Deeds Office (101 Meeting Street). After the ROD Office returns the recorded Deed of Distribution back to the attorney, then the attorney needs to furnish the Probate Court with a copy of the recorded Deed of Distribution. If a non-attorney prepares the Deed of Distribution the original Deed of Distribution must be forwarded to the Probate Court. The Probate Court will forward the Deed of Distribution to the ROD. You must furnish the Court with a check for the filing fee of $15.00 (fee change as of August 1, 2019) payable to the Register of Deeds at the time that you present the original Deed of Distribution to the Court. Real property in other counties will require the Deed of Distribution be recorded in that county. You should then deliver the recorded Deed of Distribution to the new owners of the property.

7. CLOSING DOCUMENTS - Due Date - 8 to 12 months after date of publication
   1. Accounting & Proposal For Distribution
      Between eight months and twelve months after the first publication of the Notice to Creditors (or, if this is a taxable estate, 90 days after receipt of South Carolina Tax Commission estate tax closing letter), you must file with the Court a complete accounting (Form 361ES) of the entire probate administration (assets received during the course of administration, disbursements/bills paid out, and balance to be distributed to the beneficiaries). You must also file your Proposal for Distribution (Form 410ES).
   2. Application For Settlement
      Complete and file your Application for Settlement (Form 412ES) with the Probate Court.
   3. Notice Of Right To Demand Hearing
      Notice of Right to Demand Hearing (Form 416ES) is to be sent to all interested parties, including unpaid creditors, along with a copy of the Accounting, Proposal for Distribution, and Petition for Settlement. If no written request for a hearing is received by the Probate Court within 30 days, you may proceed to complete the final requirements as outlined by the Probate Court. This will include beneficiary receipts from the distributes (Form 403ES), release of claims. You will need to check with your assigned Estate Clerk to determine all final requirements. Upon receipt of all final documents, the Court will close the file and terminate your appointment as Personal Representative (Form 413ES).

      The 30-day period can be waived if a Waiver (Form 111ES) is signed by all interested parties.

   4. Proof Of Delivery
      Proof of Delivery (Form 120PC) that you have sent these documents (Accounting, Proposal for Distribution Petition for Settlement, and Notice of Right to Demand Hearing) must be filed with the Probate Court.
8. GENERAL CONSIDERATIONS
   1. Books And Records
      In order to keep proper books for the estate, it is suggested that you establish an estate account in which you will deposit every item of money belonging to the decedent which comes into your hands and pay all claims by check. By doing this, you will have no trouble in keeping the account in exact balance and preparing your final accounting.
   2. Federal Identification Number
      If a Federal Identification Number is required, obtain it through the Internal Revenue Service (Form SS-4). The IRS phone number is 1-800-829-1040.
   3. Demand For Notice
      If, at any time during the administration of the estate, you receive a Demand for Notice you must comply with the demand and send a copy of whatever is demanded to the person indicated on the form. Any time you file documents with the Court, if a copy of the document has previously been demanded, you will be required to provide the Court with a Proof of Delivery (Form 120PC) indicating what you served on whom.
   4. Formal Petition
      If a Formal Petition requiring a hearing is filed by you or anyone else during the course of administration, it is highly recommended that an attorney be employed. The Court cannot advise on matters which it must decide.
   5. Estate Tax Matters
      South Carolina Tax Waivers are obtained through the South Carolina Tax Commission. For estate tax purposes, an estate is considered taxable if the gross value is over $1,500,000 and there were no lifetime taxable transfers. For more information please visit the South Carolina Bar - Taxes at Death website.
   6. Probate Code
      See Title 62 Article 3 of the South Carolina Code for matters not included in these instructions. Copy of this law is available for viewing at the Probate Court or at the public library.
   7. Rule To Show Cause
      If you do not complete the assigned tasks within the prescribed time periods, the law requires the Court to issue a Rule to Show Cause as to why the estate is not being probated in a timely manner. If a hearing is held you may be required to pay the court costs.

Documents To Bring With You When Opening An Estate

If The Decedent Had A Will

1. Original Will
2. Proof of Death - Original Death Certificate - No Copies.
3. Completed Application for Informal Probate and Appointmen (Form #300ES)
4. Filing Fee (Ranges from $25.00 to $95.00 based on value of the probate assets)
5. You will need to furnish the Court with a Creditor's Publication Selection Sheet. The fees range from $40 to $120. Note: Fees are payable to the Charleston County Probate Court. If payment is made by check, two separate checks are required. Payments can also be made by cash or credit card (processing fee). If the date of death of the decedent has been over a year, no publication is required.

If The Decedent Had No Will

1. Proof of Death - Original Death Certificate - No Copies
2. Completed Application for Informal Appointment (Form #300ES).
3. Filing Fee (Ranges from $25.00 to $95.00 based on value of the probate assets)
4. If more than one heir and unless you have priority (surviving spouse) you will need to have Renunciations signed by the other heirs allowing you to be the Personal Representative (Form #302ES).
5. You will need to furnish the Court with a Creditor's Publication Selection Sheet. The fees range from $40 to $120. Note: Fees are payable to the Charleston County Probate Court. If payment is made by check, two separate checks are required. Payments can also be made by cash or credit card (processing fee). If the date of death of the decedent has been over a year, no publication is required.
6. You will need to furnish the Probate Court with a Fiduciary Bond in the amount of one-and-a-half times the total value of the personal property in the decedent's name only. If the personal property is valued at $20,000 or less, a waiver of bond can be signed by the heirs to waive bond on the Personal Representative. You can call an Insurance Company and check with their staff on how to purchase the bond. You may also obtain a Waiver of Bond form from the Probate Court (Form #344ES).
7. Death Certificate for deceased person with higher or equal priority to serve as Personal Representative.
   * Any Formal Petition filed with the Court must be accompanied by a Summons (Form #SCCA401PC) and $150.00 filing fee. Once service has been accomplished, a Proof of Delivery (Form #120PC) must be filed with the Court.

Affidavit Of Collection (For estates under $25,000 and no real estate in decedent's name) You must wait at least 30 days from date of death to come to the Probate Court.

1. Original Will (If Applicable), along with Will for Record (Form #306ES) or Probate of Will (Form #300ES)
2. Proof of Death - Original Death Certificate - No Copies.
3. Completed Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding (Form #420ES).
4. Paid Funeral Bill (Showing who paid the funeral bill)
5. Filing Fee of (Estate value of $0 to $5,000 = $25.00, value of $5,000 to $10,000 = $45.00; $20,000 to $25,000 = $67.50)
6. You will need to furnish the Court with the vehicle title, mobile home title, boat and/or motor titles, along with proof of the fair market value of the assets. (If Applicable)
7. You will need to furnish the Court with copies of bank statements to include the balance and the account number or copy of insurance policies with the policy numbers. (If Applicable)
8. You will need to furnish the Court with statements from any known creditors who need to be paid.

No Assets - Will Filed For Record Or Informational Probate Of Will Only

If the decedent did not have any assets in his/her name at the time of his/her death but did have an original Will, you must turn the original Will into the Probate Court to be filed for record only (Form #306ES). An original Death Certificate is required and a filing fee of $10.00. If filing for informal Probate of Will only, you will need to file Form #300ES, original Death Certificate, and a filing fee of $25.00. If you require Medical Records only for the decedent and no probate assets have been discovered and you have priority to serve, you must file a completed Form #300ES, original Death Certificate, and a filing fee of $12.50.

Please call the Probate Court at (843)958-5030 for any additional questions and prior to coming to the Court in order to avoid being turned away due to the lack of having all required documentation. You are encouraged to make an appointment prior to coming to the Probate Court (Website: ccprobate.charlestoncounty.org). Thank you.

E-Filing Program

Adminitrative Order

Rules

EZ-Filing Instructions

ez-filing.net/southcarolina

Free Monthly Estate Workshop

Schedule
Virtual	In-Person
Dec 2, 2024 @ 10am Jan 13, 2025 @ 10am Feb 3, 2025 @ 10am Mar 3, 2025 @ 10am Apr 7, 2025 @ 10am May 5, 2025 @ 10am	Thursday, November 21, 2024, 6pm Topic: Estate Planning, Estate Administration, and Heirs Property Where: Baxter-Patrick James Island Library 1858 S. Grimball Road Charleston SC 29412

Words Used In Probate Court

Words Used In Probate Court & Their Meanings

Accountings - Reports that contain the annual and final fiscal reports showing what has come into the account and the disbursements that have gone out of the account.

Affidavit of Collection - A way to handle the assets under $10,000 and it cannot include any real estate.

Beneficiary - A person or charity or dog or cat that receives assets that were pre-directed to the individual.

Bond - What the Personal Representative must purchase from an insurance company if there was not a Will or if someone demands it. The Personal Representative must purchase a bond for one and one half times the amount of the personal property only.

Certified - Attested true copy of a document from our Court with seal. Cannot certify any document that does not originate from our Court.

Conservator - One who takes care of the finances of a minor or incapacitated person.

Decedent - The person who died.

Devisee - Someone who is named in a Will to receive.

DOD - Deed of Distribution (Transfers real estate to the legal heirs or devisees).

Domiciled - Where the person lived.

Encumbrances - Debt of the estate that is attached to an asset. Example: Mortgage on a house, loan on a car, etc. (NOT everyday debt like doctor bills, credit card payments, etc.)

Estate Papers - The original probate papers such as Wills, inventories, letters, accountings and related papers.

Guardian - One who takes care of the physical well being of a minor or incapacitated person.

Health Care Power of Attorney - A legal document that allows another party to handle the health decisions of another person.

Heir - Someone who takes from an estate if there is not a Will.

I/A - Inventory and Appraisement (Yellow Form) - Listing of the assets (both probate and non-probate) that the decedent had in his/her name at time of death and date of death values.

Intestate - When someone dies without a Will.

In Trust - When someone directs assets to be set aside for a persons benefit.

Living Will - A legal document that allows a party to make medical decisions about another person's continuation of life prior to death.

Non-Probate Assets - Assets that are not used by the Personal Representative to pay debt of the estate or to distribute to heirs or devisees. These assets usually have a beneficiary, payable on death, or joint right of survivorship status.

Power of Attorney - A legal document that allows another party to handle the business affairs of someone else.

PR - Personal Representative (Person in charge of the estate) Use to be called executor or executrix.

Probate - The legal process of wrapping up a person's affairs, paying their bills distributing their assets after death.

Probate Assets - Assets that are used by the Personal Representative to pay debt of the estate or to distribute to heirs or devisees. These assets do not automatically go to another party at time of death.

Pro Se - Someone who defends himself without an attorney.

RTSC - Rule To Show Cause - being summoned to court to tell the Judge why you have not complied with the duties of Personal Representative.

Rule 4 - Administratively closing an estate by Court order.

Special Administrator - A person chosen to take the place of a personal representative to handle the affairs of the estate. This person is usually an attorney.

Testate - When someone dies with a legally valid Will before death.

Venue - Where someone lives.

Will - A legal document that states the wishes of a person at the time of his/her death.

Will Books - Recorded transcripts of original probate Wills that give information about proving the Will and qualifying the personal representative.

Will For Record - When a party files an original Will with the Court after someone dies and there are no assets to transfer.

Sample Planning Documents

• Codicil Sample
• DNR Form
• DPOA Sample
• Five Wishes Sample
• LWT Sample
• POLST Form Sample
• South Carolina Healthcare Power of Attorney with Living Will

Sample Estate Orders

• Affidavit
• Model Order Approving Wrongful Death Settlement
• Order Allowing Claim
• Order Appointing Personal Representative
• Order Appointing Temporary Guardian
• Order Correcting Previous Order
• Order Denying Resp. Motion to Alter or Amend
• Order Determining Heirs
• Order for Compensation of Special Administrator
• Order for Continuance
• Order for Distribution of Assets
• Order for Removal of Personal Representative
• Order for Review of Compensation
• Order of Publication
• Order on Petition for Sale of Real Property
• Order Relieving Counsel
• Order to Access Safety-Deposit Box

Contact

Probate Court Estate Division

Historic Courthouse
84 Broad Street, 3rd Floor
Charleston, SC 29401

Phone: (843)958-5030
Fax: (843)958-5044

Alison V. Atwood, Probate Clerk of Court- Estate Division
Phone: (843)958-5031
Email: aatwood@charlestoncounty.org

Sharon Clark, Estate Clerk (cases ending in 1,6)
Phone: (843)958-5033
Email: sclark@charlestoncounty.org

Amy Tackett, Estate Clerk (cases ending in 0,5)
Phone: (843)958-5038
Email: atackett@charlestoncounty.org

Lindsay E. Williams, Estate Clerk (cases ending in 4,9)
Phone: (843)958-5034
Email: lewilliams2@charlestoncounty.org

Nicole Rollins, Estate Clerk (cases ending in 2,7)
Phone: (843)958-5039
Email: nrollins@charlestoncounty.org

Tleshia T. Schoenith, Estate Clerk (cases ending in 3,8)
Phone: (843)958-5037
Email: tschoenith@charlestoncounty.org

Lisa Griffith, Customer Service Representative
Phone: (843)958-5030
Email: LGriffith@charlestoncounty.org

Jamie A. Robinson, Estate Projects Officer
Phone: (843)666-4701
Email: jrobinson@charlestoncounty.org