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Charleston County, SC Probate Information

Quick facts

TopicCharleston County detail
CourtCharleston County Probate Court, Estate Division
Estate courthouseHistoric Courthouse, 84 Broad Street, 3rd Floor, Charleston, SC 29401
Main court addressCharleston County Judicial Center, 100 Broad Street, Suite 469, Charleston, SC 29401
Mail and drop boxesThe court lists staffed street addresses, not a post office box. There is a drop box outside both 84 Broad Street and 100 Broad Street. Call the Estate Division before mailing anything.
Phone(843) 958-5030 for the Estate Division; (843) 958-5180 for the main court line
Fax(843) 958-5044 for the Estate Division; (843) 958-5191 for the main court line
HoursMonday through Friday, 8:30 a.m. to 5:00 p.m. An appointment is encouraged, and the court asks you to call before coming so you are not turned away for missing documents.
Opening costsThe estate charge follows the statewide six-bracket schedule in S.C. Code Ann. § 8-21-770, with statutory figures effective April 4, 1995 and applied retroactively to August 15, 1994. Charleston also collects the selected newspaper advertisement charge when the estate is opened.
County forms and toolsYes. Charleston links the statewide forms and also provides its own Creditor's Notice newspaper selection form, sample estate orders, a fee schedule and estate instructions.
Electronic filingCharleston runs EZ-Filing for Charleston probate matters at ez-filing.net/southcarolina. Accounts are created through that system, documents must be PDF, and an original will still must reach the court on paper.
Estate lookupCharleston County Estate and Wills Search: https://www.southcarolinaprobate.net/charlestonprobatesearch/
Remote participationDecided by the probate judge under the statewide Remote Communication Technology order as amended February 19, 2025. Ask the Estate Division how the court applies it in your matter.
Websitehttps://www.charlestoncounty.gov/departments/probate/index.php

Before you begin — know the assets and liabilities

Before you start in Charleston County, list the accounts, debts, titled property, real estate and possible non-probate transfers. The court's Estate Division asks for specific original documents at opening, and Charleston's later charges depend on the inventory value filed with the court.

Sunset helps families organize estate settlement before the first courthouse step by searching across more than 2,300 institutions for accounts and assets, then turning what is found into a probate-ready picture for the Charleston County process.

Which court handles jurisdiction

Charleston County has one Probate Court for estate filings. Estate matters are handled at the Estate Division in the Historic Courthouse at 84 Broad Street, 3rd Floor, in the City of Charleston. The court's main address for other probate functions is one block away at 100 Broad Street, Suite 469.

The court serves Charleston County communities including Charleston, North Charleston, Mount Pleasant, Folly Beach, Isle of Palms, Sullivan's Island, Kiawah Island, Seabrook Island, Hollywood and Ravenel. Venue is based on the decedent's permanent residence, not where the personal representative lives, under S.C. Code Ann. § 62-3-201. Charleston's own instructions state that the application is filed in the probate court in the county where the decedent was a permanent resident.

The jurisdiction process

  1. Call the Estate Division at (843) 958-5030 before going to court, and use the estate appointment link if you want a scheduled time. Go to the Historic Courthouse at 84 Broad Street, 3rd Floor, for estates, not the main court suite at 100 Broad Street.
  2. Gather the original will if there is one, an original death certificate, a completed Form 300ES for informal probate or appointment, any needed Form 302ES renunciations when other heirs have equal priority, and Charleston's Creditor's Notice newspaper selection sheet.
  3. If the matter is formal, file the petition with a Summons on Form SCCA401PC and the $150 formal charge under S.C. Code Ann. § 8-21-770(C)(11), with statutory figures effective April 4, 1995 and applied retroactively to August 15, 1994. Charleston states that a hearing is then set for testimony.
  4. Pay the opening charges. If paying by check, bring two separate checks payable to the Charleston County Probate Court, one for the probate charge and one for the newspaper advertisement. Cash and credit card are also accepted, with a card processing charge that the court does not price on its estate page.
  5. Select the newspaper for the notice to creditors on Charleston's Creditor's Notice form. The court places the notice for you, the newspaper sends the affidavit of publication to the court, and the court mails a copy to the attorney of record or to the personal representative if there is no attorney. If the death was more than a year ago, Charleston says publication is not required.
  6. After appointment, the court issues the authority papers. 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, and administration begins when letters issue under § 62-3-103. The document banks and transfer agents usually ask to see is the Certificate of Appointment, Form 141PC, with the court's raised seal.
  7. Within 30 days after appointment, give Information to Heirs and Devisees on Form 305ES and return Proof of Delivery on Form 120PC to the court.
  8. File the Inventory and Appraisement on Form 350ES within ninety days after appointment under S.C. Code Ann. § 62-3-706. Charleston says the value-based court cost is assessed and billed after the inventory is received.
  9. Track creditor claims. Charleston's notice runs once a week for three weeks, and creditors have eight months from the first publication date under S.C. Code Ann. § 62-3-801. The court's Estate and Wills Search shows a creditor claim due date for listed Charleston estate cases.
  10. If Charleston County real estate passes through the estate, follow the court's deed of distribution instructions. If an attorney prepares the deed, the attorney records it with the Register of Deeds at 101 Meeting Street and gives the Probate Court a copy. If a non-attorney prepares it, the original deed goes to the Probate Court with a separate $15.00 check payable to the Register of Deeds, a Probate Court instruction marked as changed August 1, 2019.
  11. Close the estate through the accounting and distribution papers Charleston lists, including Form 361ES, Form 410ES, Form 412ES, Form 416ES, Form 120PC and receipts or releases when required. Check with the estate clerk assigned to the case before the final filing because Charleston says final requirements depend on the file.

Executor duties

  • Use Charleston's Creditor's Notice form to choose the newspaper, and pay the advertisement charge when the estate is opened.
  • Bring two separate checks if paying by check, one for the probate charge and one for the creditor advertisement.
  • Work with the estate clerk assigned by the last digit of the Charleston case number, without relying on a named staff member staying in the same role.
  • Expect the court cost tied to estate value to be assessed and billed after the inventory is filed with the Estate Division.
  • For a non-attorney prepared deed of distribution, give the original to the Probate Court with the separate Register of Deeds check described in the court's instructions.
  • Use a drop box outside 84 Broad Street or 100 Broad Street when needed, but make sure the original will reaches the court on paper even if other documents are handled through Charleston EZ-Filing.
  • Check with the assigned estate clerk before closing. Charleston says the court closes the file and terminates the appointment only after the final documents are accepted.
  • Stay on the court's task schedule. Charleston states that missed tasks can lead to a Rule to Show Cause and possible court costs.

Forms and documents

Probate forms in Charleston County

Charleston uses the statewide numbered Probate Court forms and links them from its own Forms and Instructions page. Form 300ES is used for informal probate or appointment and also contains the formal petition option, and Charleston's table includes mandatory statewide estate forms such as the inventory, accounting and creditor claim forms.

Charleston also adds local materials. Its own Creditor's Notice form is the newspaper selection sheet for the notice to creditors. The current form is marked revised September 23, 2024 and lists The Moultrie News at $40.00, Charleston City Paper at $50.00 and The Post & Courier at $120.00, with a note that prices change if newspaper rates change.

The Estate Division page also provides sample estate orders, including orders for appointment, determining heirs, allowing a claim, sale of real property, removal of a personal representative and access to a safe-deposit box. For the small estate route under S.C. Code Ann. § 62-3-1201, Charleston links the statewide Form 420ES and gives a local checklist that includes the paid funeral bill, titles, bank statements, policy numbers and creditor statements the court wants to see. The statewide $45,000 limit took effect May 8, 2025.

Fees

The estate charge is set by S.C. Code Ann. § 8-21-770, using statutory figures effective April 4, 1995 and applied retroactively to August 15, 1994. Charleston reproduces that statewide schedule on its own fee schedule and then adds Charleston-specific handling details.

Charleston itemAmount and date
Creditor notice in The Moultrie News$40.00 on Charleston's Creditor's Notice form revised September 23, 2024
Creditor notice in Charleston City Paper$50.00 on Charleston's Creditor's Notice form revised September 23, 2024
Creditor notice in The Post & Courier$120.00 on Charleston's Creditor's Notice form revised September 23, 2024
Formal petition charge$150 under S.C. Code Ann. § 8-21-770(C)(11), effective April 4, 1995 and applied retroactively to August 15, 1994
Non-attorney prepared deed of distribution routing through the Probate Court$15.00 by separate check payable to the Register of Deeds, as stated in the Probate Court instruction marked fee change as of August 1, 2019

If you pay by check at opening, Charleston requires two separate checks to the Charleston County Probate Court, one for the probate charge and one for the newspaper advertisement. The court also accepts cash and credit card, but it does not state the card processing charge on its estate page.

Local nuance

Charleston County-specific considerations

  • Estate filings go to 84 Broad Street, 3rd Floor. The main court address at 100 Broad Street is not the estate counter.
  • There is a drop box outside both the Historic Courthouse and the Judicial Center.
  • Every Charleston estate is assigned to an estate clerk by the last digit of the case number, and the court posts the digit split on its Estate Division materials.
  • The Probate Court places the notice to creditors after the personal representative selects one of the newspapers on Charleston's form.
  • Charleston runs EZ-Filing for Charleston probate matters, while an original will still goes to the court on paper.
  • The court offers free estate administration and estate planning workshops, both virtual and in person at county library branches, through an online registration page.
  • The county's Estate and Wills Search shows filing date, appointment date, creditor claim due date and case status.
  • Charleston County funds associate probate judges, who hear and decide matters assigned by the Probate Judge under S.C. Code Ann. § 14-23-1030. The court's own materials conflict on the count, so do not rely on a number.
  • Heirs' property is a practical Charleston estate settlement issue, and the Probate Court links families to the Center for Heirs' Property Preservation.

Recent updates

DateLocal update
September 23, 2024Charleston revised its Creditor's Notice newspaper selection form. The form lists The Moultrie News at $40.00, Charleston City Paper at $50.00 and The Post & Courier at $120.00, and states that prices change if newspaper rates change.
August 1, 2019The Probate Court's deed of distribution instruction states that the separate Register of Deeds check for a non-attorney prepared deed changed to $15.00 as of this date.

Page last reviewed: August 2026.

Scenarios

SituationCharleston County pathWhere Sunset helps
Surviving spouse with co-owned homeFirst determine whether the home is a non-probate asset because of survivorship or beneficiary language. If Charleston County real estate passes through the estate, the deed of distribution follows the court's special routing rule: attorney-prepared deeds are recorded by the attorney at the Register of Deeds, while non-attorney prepared deeds are delivered in original form to the Probate Court with the separate Register of Deeds check.Sunset helps identify the title picture, locate accounts and organize the estate settlement file before the spouse meets with the Estate Division or a lawyer.
Out-of-state adult child with small estateVenue follows the decedent's permanent residence under S.C. Code Ann. § 62-3-201. The small estate route uses Form 420ES under S.C. Code Ann. § 62-3-1201, with the $45,000 limit effective May 8, 2025. Charleston's checklist asks for the paid funeral bill, titles, bank statements, policy numbers and creditor statements. The Estate and Wills Search, Charleston EZ-Filing and the two drop boxes can reduce travel, but the original will must reach the court on paper.Sunset helps find accounts and debts, prepare a document checklist and decide whether the Charleston small estate packet is enough for this estate settlement.
Parent settling predeceased child's estate, home must be soldCharleston lists Form 430ES for sale of real estate and provides a sample order on petition for sale of real property. A formal filing uses a summons and the $150 formal charge under S.C. Code Ann. § 8-21-770(C)(11), effective April 4, 1995 and applied retroactively to August 15, 1994. The court recommends an attorney for formal matters and publishes no local hearing schedule.Sunset can assemble account information, flag real property and connect the parent with a local probate attorney when a sale, creditor issue or heirs' property problem makes the case more complex.

Self-help resources

ResourceWhat it offersContact
Charleston County Probate Court, Estate DivisionEstate instructions, forms, appointment link, assigned estate clerk system, sample orders and the court's own estate glossary(843) 958-5030, Historic Courthouse, 84 Broad Street, 3rd Floor, Charleston
Free estate workshopsFree estate administration and estate planning sessions, virtual and in person at Charleston County library brancheshttps://www.charlestoncounty.gov/departments/probate/freeworkshopform.php
Charleston County Estate and Wills SearchName search showing case number, type, filing date, appointment date, creditor claim due date and statushttps://www.southcarolinaprobate.net/charlestonprobatesearch/
Center for Heirs' Property PreservationHelp for families with heirs' property in Charleston County, with intake by in-person appointment, video or phone(843) 745-7055, 8570 Rivers Avenue, Suite 170, North Charleston, SC 29406
Charleston Pro Bono Legal ServicesFree civil legal assistance for low-income clients, with more complex matters referred to volunteer private attorneys when available(843) 853-6456, 111 Church Street, Charleston, SC 29401
Charleston Legal AccessSliding-scale nonprofit law firm serving Berkeley, Charleston and Dorchester counties, with rates starting at $60 per hour based on income and family sizehttps://www.charlestonlegalaccess.org/
South Carolina Bar Lawyer Referral ServiceReferral to a lawyer in your area. Participating lawyers charge no more than $50 for a 30-minute consultation, and the service states that its lawyers do not take pro bono cases.(803) 799-7100, 9 a.m. to noon and 1 p.m. to 5 p.m. Monday through Friday; online referral available at all times
Charleston County Register of DeedsRecords deeds of distribution for Charleston County real estate. The office states that it does not record walk-in documents after 4:30 p.m.(843) 958-4800, 101 Meeting Street, Suite 200, Charleston, SC 29401

When to hire an attorney

Counsel makes sense in Charleston County when the filing is formal, heirs disagree, real estate must be sold, creditor claims may exceed assets, heirs' property is involved, or the court will need to decide a disputed issue. Charleston's own Estate Division says staff can provide information but cannot give legal advice, and it recommends an attorney for formal probate or appointment. Sunset connects families to a vetted attorney.

How Sunset helps

Find the accounts and assets. Sunset searches for bank, investment, retirement, insurance and other accounts so the personal representative starts with a clearer inventory and fewer surprises.

Generate the probate packet. Sunset organizes what was found into an estate settlement workflow and helps prepare the information needed for Charleston County forms and next steps.

Find a local probate attorney. When a Charleston estate involves a formal petition, real estate sale, creditor dispute or heirs' property issue, Sunset can connect the family with a local probate attorney.

Sunset is free for families. Families can use Sunset to understand the estate, organize documents and move through estate settlement without paying Sunset a fee.

Frequently asked questions

Where do I file probate in Charleston County?

File estate matters with the Charleston County Probate Court, Estate Division, at the Historic Courthouse, 84 Broad Street, 3rd Floor, Charleston, SC 29401. The court's main probate address at 100 Broad Street is a different building. Venue is based on the decedent's permanent residence under S.C. Code Ann. § 62-3-201.

What should I bring to open a Charleston County estate?

Charleston lists the original will if there is one, an original death certificate, completed Form 300ES for informal probate or appointment, the required opening charges, the Creditor's Notice newspaper selection sheet, and Form 302ES renunciations when other heirs with equal priority must consent.

Does Charleston County allow electronic filing for probate documents?

Charleston runs its own EZ-Filing program for Charleston probate matters at ez-filing.net/southcarolina. The system requires an account, documents must be PDF, and the original will or other original testamentary document still must reach the court on paper.

How much does it cost to open an estate in Charleston County?

The court uses the statewide estate charge schedule in S.C. Code Ann. § 8-21-770, with statutory figures effective April 4, 1995 and applied retroactively to August 15, 1994. Charleston also collects the selected newspaper advertisement charge at opening, and if payment is by check the court requires two separate checks.

Who places the notice to creditors in Charleston County?

The Probate Court places the notice for you after the personal representative selects a newspaper on Charleston's Creditor's Notice form. On the form revised September 23, 2024, the listed choices are The Moultrie News at $40.00, Charleston City Paper at $50.00 and The Post & Courier at $120.00, with prices subject to newspaper rate changes. Creditors have eight months from first publication under S.C. Code Ann. § 62-3-801.

How do I look up a Charleston County estate case?

Use the county's Estate and Wills Search at https://www.southcarolinaprobate.net/charlestonprobatesearch/. The search page lists columns for case number, case name, party, type of case, filing date, county, appointment date, creditor claim due and case status.

Do I need an appointment at the Charleston County Probate Court?

An appointment is encouraged. The Estate Division asks you to call (843) 958-5030 before coming to court so you are not turned away for missing documents, and the court provides an online estate appointment booking link.

May I ask to participate by video or phone in Charleston County Probate Court?

Ask the Estate Division how the judge will handle your matter. Under the statewide Remote Communication Technology order as amended February 19, 2025, the probate judge decides whether remote communication technology is appropriate for a non-criminal proceeding. Charleston's estate materials also state that no hearing is required for informal probate or informal appointment.

Are Charleston County probate forms different from state forms?

Charleston links the statewide numbered Probate Court forms from its own Forms and Instructions page, and it also provides local materials. The most important local form is the Creditor's Notice newspaper selection sheet, and the court also posts sample estate orders and estate instructions.

Do I have to travel to Charleston for every estate settlement step?

Not for every step. Charleston provides the Estate and Wills Search, Charleston EZ-Filing, and drop boxes outside both 84 Broad Street and 100 Broad Street. Original wills and original testamentary documents still must reach the court on paper, and you should call (843) 958-5030 before mailing anything.

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.

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