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Berkeley County, SC Probate Information
Quick facts
| Item | Berkeley County details |
|---|---|
| Court | Berkeley County Probate Court |
| Courthouse address | Berkeley County Courthouse, 300-B California Avenue, Moncks Corner, SC 29461 |
| Mailing address | Same as the courthouse address |
| Phone | Moncks Corner: (843) 719-4519. Charleston: (843) 723-3800, extension 4519. St. Stephen: (843) 567-3136, extension 4519. |
| Fax | (843) 719-4527 |
| Hours | Monday through Friday, 9:00 a.m. to 5:00 p.m. Walk-ins for estate matters are accepted 9:00 a.m. to 3:30 p.m. on a first-come, first-served basis. The courthouse drop box is for documents left between 9:00 a.m. and 4:00 p.m. |
| Estate fee | The estate filing fee is set by S.C. Code Ann. § 8-21-770, current text effective April 4, 1995 and applied retroactively to August 15, 1994, and is based on the gross probate value shown on the inventory. Berkeley County says to bring cash or a check and states that credit cards are not accepted. |
| Local forms and checklist | Yes. Berkeley County publishes its own Documents Needed to Open an Estate checklist and county-hosted copies of six statewide forms. |
| Electronic filing | There is no statewide probate electronic filing in South Carolina. Berkeley County links an attorney-only PAWS portal, but the public sign-in page does not say that families can file estate papers through it. |
| Case lookup | Berkeley County's probate pages do not publish an online estate search. Call (843) 719-4519, or the direct line for your case number, to ask how to look up a case. |
| Remote appearance | South Carolina's statewide Remote Communication Technology order, as amended February 19, 2025, lets the probate judge decide whether remote participation is appropriate in a non-criminal matter. Berkeley County does not publish a separate local rule. |
| Website | https://berkeleycountysc.gov/dept/probate/ |
Before you begin — know the assets and liabilities
Before you go to the Berkeley County Probate Court, make a working list of the decedent's assets, debts, heirs and possible beneficiaries. Berkeley's estate checklist asks for an original death certificate, a valid picture ID for anyone signing documents, payment by cash or check, and mailing addresses or email addresses for all heirs and everyone named in the will.
Estate settlement goes faster when you know which accounts exist before you choose forms or stand in the walk-in line. Sunset can help search for accounts and assets across 2,300 institutions, organize what you find, and turn that information into a probate packet for the Berkeley County Probate Court.
Which court handles jurisdiction
Berkeley County has one Probate Court for estate filings, located at the Berkeley County Courthouse, 300-B California Avenue, Moncks Corner, SC 29461. Estates from Moncks Corner, Goose Creek, Hanahan, Daniel Island, Bonneau, Jamestown, St. Stephen, the Berkeley County part of Summerville, and unincorporated Berkeley County are handled there.
Venue under S.C. Code Ann. § 62-3-201 follows the county tied to the decedent's domicile or property, not just the city name on an address. That matters locally because Daniel Island and Cainhoy can carry Charleston city references while remaining in Berkeley County, and Summerville spans Berkeley, Dorchester and Charleston counties. If the address sits near a county line, call the Berkeley County Probate Court at (843) 719-4519 before you travel.
The circuit and family court counter is in the same courthouse, but estates go to the Probate Court counter, not to the circuit or family court counter.
The jurisdiction process
- Choose the correct starting papers. Most Berkeley County estate openings begin with the statewide Form 300ES for informal or formal probate or appointment. Berkeley also hosts county copies of Form 300ES, Form 302ES, Form 344ES, Form SCCA401PC, Form 120PC, and its own Documents Needed to Open an Estate checklist. If you are using Form 420ES for a small estate under S.C. Code Ann. § 62-3-1201, use the current statewide form and confirm the current local counter instructions.
- Gather what Berkeley County asks you to bring. The court's estate-opening checklist calls for the original death certificate, valid picture ID for anyone signing, cash or a check for fees, and mailing addresses or email addresses for all heirs and all people named in the will. If there is a will, bring the original will.
- File at the Berkeley County Probate Court in Moncks Corner. Walk-ins for estate matters are accepted Monday through Friday from 9:00 a.m. to 3:30 p.m. on a first-come, first-served basis. The court also publishes a drop box at the front of the courthouse for documents left between 9:00 a.m. and 4:00 p.m.; call before relying on the box for a first filing.
- Pay the required fee in the form Berkeley accepts. The estate filing fee is set by S.C. Code Ann. § 8-21-770, current text effective April 4, 1995 and applied retroactively to August 15, 1994. Berkeley County says to bring cash or a check and states that credit cards are not accepted. The court's estate-opening instructions list $25, with no effective date printed by the court, so call (843) 719-4519 before you go.
- Give notice and follow the court's scheduling instructions. If a hearing is needed, the Berkeley County Probate Court will tell you how it is set. The court does not publish hearing days or a standard wait time for estate matters.
- Ask about remote participation if travel is difficult. Under the Supreme Court of South Carolina's order on Remote Communication Technology, as amended February 19, 2025, the probate judge may permit or require remote participation in a non-criminal matter unless the judge finds that it would cause substantial prejudice or affect fairness. Berkeley County does not publish a separate local remote-hearing practice.
- Receive authority only after appointment and qualification. South Carolina's probate code calls the authority document letters, including letters testamentary and letters of administration under S.C. Code Ann. § 62-1-201. The document banks usually ask to see is the Certificate of Appointment, Form 141PC, with the court's raised seal.
- Administer and close the estate under the court's instructions. After appointment, the personal representative handles assets, debts, creditor notice under S.C. Code Ann. § 62-3-801, inventory requirements under S.C. Code Ann. § 62-3-706, distribution, and closing papers using the statewide forms and any Berkeley County instructions the court gives in the case.
Forms and documents
Probate forms in Berkeley County
Berkeley County uses South Carolina's statewide numbered Probate Court form set and links to the Judicial Branch form page from its own probate menu. The statewide set includes Form 300ES for informal or formal probate or appointment, Form 350ES inventory forms, Form 361ES accounting, Form 371ES creditor claim, Form 420ES for small estate collection under S.C. Code Ann. § 62-3-1201, and other estate forms.
Berkeley County also publishes one local estate-opening checklist on court letterhead, Documents Needed to Open an Estate. It hosts county copies of six statewide forms: Form 120PC, Form 300ES, Form 302ES, Form 344ES, Form SCCA401PC, and the estate-opening checklist. Berkeley keeps the statewide form numbers and does not renumber them.
The county-hosted set is a starter set, not the complete statewide form library. For any form not listed on Berkeley County's own form page, use the South Carolina Judicial Branch Probate Court form set or ask the Berkeley County Probate Court which form it wants.
Fees
The estate filing fee is set by S.C. Code Ann. § 8-21-770, current text effective April 4, 1995 and applied retroactively to August 15, 1994. Berkeley County does not publish a separate probate fee schedule for copy charges, certification charges or advertising charges on its probate pages.
Berkeley County does publish local payment instructions. Its estate-opening materials say to bring cash or a check and state that credit cards are not accepted. The court's estate-opening instructions list $25, with no effective date printed by the court; call (843) 719-4519 before you go, especially if you are filing a will where no estate administration is being opened.
Local nuance
Berkeley County-specific considerations
| Local point | What it means for a Berkeley County estate |
|---|---|
| Walk-in estate window | Estate walk-ins are accepted Monday through Friday, 9:00 a.m. to 3:30 p.m., on a first-come, first-served basis. This is narrower than the court's 9:00 a.m. to 5:00 p.m. office day. |
| Courthouse drop box | The court publishes a drop box at the front of the courthouse for documents left between 9:00 a.m. and 4:00 p.m. It does not say that every first filing can be opened through the box, so call before using it to start an estate. |
| Three phone lines into one court | The court publishes the Moncks Corner number, a Charleston-area number with extension 4519, and a St. Stephen number with extension 4519. These are phone lines into the Moncks Corner court, not separate estate counters. |
| Case-number routing | Once a case number exists, Berkeley routes estate questions by the last digit of the case number: endings 2, 5 and 8 use (843) 719-4512; endings 1, 6 and 9 use (843) 719-4525; endings 4 and 7 use (843) 719-4253; endings 0 and 3 use (843) 719-4563. |
| Cash or check only | Berkeley County states that credit cards are not accepted for estate fees. Bring cash or a check and call the court if you need the current payee wording. |
| County-line addresses | Daniel Island, Cainhoy and Summerville can create county confusion. Venue under S.C. Code Ann. § 62-3-201 should be confirmed before filing if the address could point to more than one county. |
Recent updates
Scenarios
| Scenario | Likely Berkeley County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | If there is no will, Berkeley County's own checklist points first to the spouse as the person with priority to serve. Because real property is involved, plan on using the ordinary Probate Court process at 300-B California Avenue rather than only a small estate under S.C. Code Ann. § 62-3-1201. | Sunset helps identify accounts, organize the death certificate, will information, heirs and property details, and prepare a packet for the walk-in counter. |
| Out-of-state adult child with a small estate | Call the main line before traveling, because Berkeley publishes local-dial phone lines from Moncks Corner, Charleston and St. Stephen and has a courthouse drop box for documents. If Form 420ES is involved, use the current statewide small estate form under S.C. Code Ann. § 62-3-1201 and remember that Berkeley does not accept credit cards. | Sunset helps determine whether assets appear to fit the simpler path, collect account information, and prepare the form set so the trip or mailing plan is not based on guesses. |
| Parent settling a predeceased child's estate when a home must be sold | A home sale usually requires ordinary estate administration in the Berkeley County Probate Court. If the property is family land that has passed down without earlier estates being opened, the Center for Heirs' Property is a local resource Berkeley County has partnered with for heirs' property education. | Sunset helps find financial accounts, assemble court papers, and connect the family with a probate attorney when title, heirs' property or a sale makes the estate settlement more complex. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Berkeley County Probate Court | Publishes the local estate-opening checklist, county-hosted copies of first-step statewide forms, and a plain-English glossary. The court says its clerks can help with the process but cannot give legal advice. | 300-B California Avenue, Moncks Corner, SC 29461; (843) 719-4519; Charleston line (843) 723-3800 extension 4519; St. Stephen line (843) 567-3136 extension 4519; https://berkeleycountysc.gov/dept/probate/ |
| South Carolina Judicial Branch probate form set | Provides the statewide numbered Probate Court forms used in Berkeley County estate cases. | https://www.sccourts.org/court-forms/?courtType=PC |
| South Carolina Judicial Branch self-help resources | Explains what court staff can and cannot do. Court staff can provide approved forms and available instructions and can make sure papers are complete, but they cannot tell you what to say or give legal advice. | https://www.sccourts.org/resources/general-public/self-help-resources/ |
| South Carolina Bar Lawyer Referral Service | Connects callers with a lawyer. The Bar states that participating lawyers charge no more than $50 for a 30-minute consultation, as stated on the page reviewed August 2026, and that they do not take pro bono cases. | (803) 799-7100, 9:00 a.m. to noon and 1:00 p.m. to 5:00 p.m. Monday through Friday; online referral available 24/7; https://www.scbar.org/public/get-legal-help/ |
| Center for Heirs' Property | North Charleston nonprofit that helps families with heirs' property issues, including probating estates and clearing title to family land. Call to ask whether your family qualifies. | (843) 745-7055; 8570 Rivers Avenue, Suite 170, North Charleston, SC 29406; https://www.heirsproperty.org/ |
| Berkeley County holiday closures | Lists county office closure dates to check before a trip to the walk-in counter. | https://berkeleycountysc.gov/county-holidays/ |
When to hire an attorney
Berkeley County's own probate page says the clerks cannot give legal advice and recommends an attorney when legal assistance is needed. The court's estate checklist also points families toward the court or an attorney when more than one person has equal or higher priority to serve and renunciations cannot be obtained, because that may require formal appointment procedures. Counsel also makes sense for disputed heirs, county-line venue questions under S.C. Code Ann. § 62-3-201, heirs' property, or a home sale. Sunset connects families with a vetted South Carolina probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families locate bank, investment, retirement, insurance and other accounts so the Berkeley County filing starts with a clearer asset picture.
Generate the probate packet. Sunset turns the information you provide into an organized estate settlement packet, including the forms and supporting details commonly needed to start probate in Berkeley County.
Find a local probate attorney. When the estate involves a dispute, heirs' property, unclear priority to serve, a home sale, or a formal proceeding, Sunset can connect you with a vetted South Carolina probate attorney.
Sunset is free for families. Families can use Sunset to organize the estate settlement process, understand next steps, and decide when local legal help is needed.
Frequently asked questions
Where do I file probate in Berkeley County?
File estate papers with the Berkeley County Probate Court at the Berkeley County Courthouse, 300-B California Avenue, Moncks Corner, SC 29461. Walk-ins for estate matters are accepted Monday through Friday from 9:00 a.m. to 3:30 p.m. on a first-come, first-served basis.
Can I use the Charleston or St. Stephen numbers for a Berkeley County estate?
Yes. The court publishes three phone lines into the same Moncks Corner Probate Court: (843) 719-4519, (843) 723-3800 extension 4519, and (843) 567-3136 extension 4519. They are phone lines, not separate estate filing counters.
Does Berkeley County accept credit cards for probate fees?
No. Berkeley County's estate materials state that credit cards are not accepted and that payment should be made by cash or check. The estate filing fee is calculated under S.C. Code Ann. § 8-21-770, current text effective April 4, 1995 and applied retroactively to August 15, 1994.
Does Berkeley County have local probate forms?
Yes. Berkeley County publishes its own Documents Needed to Open an Estate checklist and county-hosted copies of several statewide forms, including Form 300ES for informal or formal probate. It also links to the complete statewide Probate Court form set.
Can I look up a Berkeley County probate case online?
Berkeley County's probate pages do not publish an online estate search. Before a case number exists, call (843) 719-4519. After a case number exists, use the direct line assigned by the last digit of the case number.
Who do I call after I have a Berkeley County estate case number?
For case numbers ending in 2, 5 or 8, call (843) 719-4512. For endings 1, 6 or 9, call (843) 719-4525. For endings 4 or 7, call (843) 719-4253. For endings 0 or 3, call (843) 719-4563. If you are not sure, call the main estate line at (843) 719-4519.
Can I appear remotely for a Berkeley County probate hearing?
Berkeley County does not publish a local remote-hearing rule for estate cases. South Carolina's statewide Remote Communication Technology order, as amended February 19, 2025, gives the probate judge discretion to permit or require remote participation in a non-criminal matter unless it would cause substantial prejudice or affect fairness. Ask the court how that applies to your hearing.
Is Daniel Island probate filed in Berkeley County or Charleston County?
Do not rely on the city name alone. Venue under S.C. Code Ann. § 62-3-201 depends on the proper county for the decedent's domicile or property. Daniel Island and Cainhoy can involve Berkeley County even when the address uses Charleston city references. Call Berkeley County Probate Court at (843) 719-4519 if the address could cross a county line.
Can I handle a small estate in Berkeley County without opening a full estate?
Possibly, if the estate fits South Carolina's small estate statute. The statewide limit is $45,000, effective May 8, 2025, under S.C. Code Ann. § 62-3-1201, and the affidavit must go through the probate court. Use the current statewide Form 420ES under § 62-3-1201 and call Berkeley County before relying on older county handouts.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.