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Florence County, SC Probate Information
Quick facts
| Topic | Florence County details |
|---|---|
| Court | Florence County Probate Court |
| Courthouse address | Florence County Judicial Center, 181 N. Irby Street, Suite 1300, Florence, SC 29501 |
| Mailing address | Florence County Probate Court, 181 N. Irby Street, Suite 1300, Florence, SC 29501 |
| Phone | (843) 665-3085 |
| Fax | (843) 665-3068. The court says original documents are required and faxed documents cannot be accepted. |
| [email protected] | |
| Hours | The court does not publish estate-counter hours on its own estate pages. Estate business is handled by appointment after a complete packet is delivered, so call before traveling. |
| Filing fee | Estate fees are set by the statewide sliding scale in S.C. Code Ann. § 8-21-770, current schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. Florence also publishes a local fee schedule dated February 2024. |
| Local forms | Yes. Florence publishes a Full Estate Packet and a Small Estate packet tied to Form 420ES and S.C. Code Ann. § 62-3-1201. |
| Online filing | No Florence probate electronic filing system is published. South Carolina has no statewide probate electronic filing system; the state electronic filing rules are for Court of Common Pleas and attorney use. |
| Case search | The court links a probate record search at https://www.southcarolinaprobate.net/search/. For an estate where the decedent died before 2018 and the matter is not found there, the court asks families to email [email protected]. |
| Remote communication | Florence does not publish a local remote-hearing practice for estates. Under the statewide Remote Communication Technology order, as amended February 19, 2025, the probate judge decides whether a non-criminal matter may or must proceed remotely. |
| Website | https://www.florencecountysc.gov/offices/elected/probate-court/ |
Before you begin — know the assets and liabilities
Before you file anything in Florence County, make a list of the decedent's probate assets, debts, real estate, vehicles, bank accounts, and known heirs or devisees. Florence's packet asks for documents such as the death certificate, will if available, funeral bill, deeds, vehicle titles, bank statements, and other proof of assets, and the court says incomplete documents cannot be accepted.
Sunset can help with estate settlement before the courthouse step by searching across 2,300 institutions for accounts and assets, then organizing what you found into the Florence packet workflow.
Which court handles jurisdiction
The Florence County Probate Court serves estates from Florence, Lake City, Johnsonville, Timmonsville, Pamplico, Scranton, Coward, Olanta, Quinby, and the unincorporated parts of Florence County. The court publishes one probate office at 181 N. Irby Street, Suite 1300, in Florence.
South Carolina venue for estate proceedings is governed by S.C. Code Ann. § 62-3-201. Florence's own Form 300ES venue prompt follows the same local test: the decedent was domiciled in Florence County at death, or the decedent was not domiciled in South Carolina but had property in Florence County.
The jurisdiction process
- Download the Florence County Full Estate Packet or the Small Estate packet from the Florence County Probate Court's estate page. The Full Estate Packet includes Form 300ES for an informal or formal probate filing, and the Small Estate packet uses Form 420ES under S.C. Code Ann. § 62-3-1201.
- Complete the packet and gather the documents Florence asks for, including the certified death certificate, original will if available, funeral information, deeds, titles, bank statements, and proof of assets. The court says incomplete documents cannot be accepted.
- File by dropping off the packet at 181 N. Irby Street, Suite 1300, or by mailing it to the Florence County Probate Court at the same address if you cannot come for an appointment. Original documents are required, and faxed documents cannot be accepted.
- Pay the required court cost. Estate filing fee amounts are governed by S.C. Code Ann. § 8-21-770, current schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994, and Florence publishes additional local charges in its February 2024 fee schedule.
- Wait for the assigned estate clerk to review the packet. Florence says the estate clerk contacts you after the complete full-estate packet is received to schedule the opening appointment.
- Attend the scheduled appointment or ask the court what the next step is if travel is difficult. Florence does not publish a local remote-hearing rule for estates; statewide Remote Communication Technology practice is governed by the Supreme Court order amended February 19, 2025.
- After appointment, use the authority document the court issues. South Carolina statutes call the authority document letters, including letters testamentary or letters of administration under S.C. Code Ann. § 62-1-201, and administration begins when letters issue under § 62-3-103. The document banks commonly ask to see is the Certificate of Appointment, Form 141PC, with the raised seal.
- Administer and close the estate by following the court's instructions, preserving estate funds in an estate account, keeping the court updated with current contact information, resolving debts before distributions, and filing required closing papers.
Executor duties
Florence County adds a local step for the personal representative: the Full Estate Packet includes a Florence County Affidavit of Personal Representative. It is a sworn, notarized acknowledgement of duties the personal representative signs for that court.
| Local acknowledgement | Why it matters in Florence County |
|---|---|
| Keep contact information current | The affidavit says the personal representative must keep the court informed about any change of address, phone number, or email address. |
| Use an estate account | The affidavit says the decedent's money is to be deposited into an estate account and not used for the personal debts of the personal representative or heirs. |
| Do not distribute before debts are resolved | The affidavit says estate debts must be resolved before distributions are made to heirs or devisees. |
| Get authority before selling certain property | The Florence packet currently published from the court's 2024 folder says tangible personal property valued over $10,000 cannot be sold without authority in the will or a court order, and that real property cannot be sold without will authority or a court order. |
Forms and documents
Probate forms in Florence County
Florence County uses the statewide South Carolina Probate Court forms, and the court's own Helpful Links block points to the Judicial Branch form set. The numbered statewide forms include Form 300ES for an informal or formal probate filing and Form 420ES for the small-estate affidavit under S.C. Code Ann. § 62-3-1201.
Florence also publishes local packets that wrap those statewide forms with Florence-specific instructions. The Full Estate Packet includes a cover letter, a local document checklist, a Probate Worksheet, a local Affidavit of Personal Representative, and Form 300ES. The Small Estate packet includes the court's document checklist, instructions for completing Form 420ES, and Florence-captioned small-estate pages under § 62-3-1201.
| Form or packet | How Florence County uses it |
|---|---|
| Full Estate Packet | Used to start a full estate. Florence asks you to complete Form 300ES and provide the documents on the local checklist before an appointment is scheduled. |
| Small Estate packet | Used for the small-estate process under S.C. Code Ann. § 62-3-1201. The court's current packet uses the May 8, 2025 statewide threshold of $45,000 and asks for proof of assets, an original death certificate, funeral materials, and other listed documents. |
| Form 300ES | The statewide application or petition used for informal or formal probate or appointment. Florence includes it in the Full Estate Packet. |
| Form 420ES | The statewide affidavit form for collection of personal property under § 62-3-1201. Florence includes its own instructions with the packet. |
Fees
Florence publishes a probate fee schedule dated February 2024. The statewide estate fee scale is still governed by S.C. Code Ann. § 8-21-770, current schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. The local items below are useful because they affect what a Florence family may be asked to bring beyond the basic estate fee.
| Florence fee item | Amount and date |
|---|---|
| Publication of notice to creditors | Florence lists a publication charge in its fee materials. The estate page also lists newspaper-specific publication options, so confirm the current publication amount with the court before paying. |
| Certificate of Appointment, Form 141PC | $2.00 each on the Florence fee schedule dated February 2024. |
| Copies | $0.50 per page on the Florence fee schedule dated February 2024. |
| Certified copies | $5.00 per document on the Florence fee schedule dated February 2024. |
| Exemplified or authenticated copy | $20.00 on the Florence fee schedule dated February 2024. |
| Demand for notice | $5.00 on the Florence fee schedule dated February 2024. |
| Research | $25.00 on the Florence fee schedule dated February 2024. |
| Special certificate | $10.00 on the Florence fee schedule dated February 2024. |
| Formal proceeding on summons and petition | $150.00 under the statewide formal proceeding rule reflected in Florence's February 2024 schedule and S.C. Code Ann. § 8-21-770, current schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. |
Timeline
- Prepare the Florence packet first. For a full estate, the court asks for completed Form 300ES, all required documents, and court costs before it schedules the opening appointment.
- Deliver the packet by mail or drop-off. The court says documents go to an estate clerk and that an assigned estate clerk will contact you within 48 hours after all required documents are received to schedule an appointment.
- Use the appointment to open the estate and receive the documents needed for administration. Walk-ins are required to schedule an appointment with the assigned case worker.
- For a Small Estate packet under S.C. Code Ann. § 62-3-1201, Florence asks filers to submit the completed packet, documents, and court costs. The court publishes more than one processing statement, including allowing several business days to hear from a case worker, so call if timing matters.
- If a hearing is set, ask the court how it will be handled. Florence does not publish estate hearing days or a local remote-appearance schedule.
Local nuance
Florence County-specific considerations
| Local point | What to do |
|---|---|
| Packet first, appointment second | Do not expect to open the estate as a walk-in. Florence asks you to mail or drop off a complete packet first, then the assigned estate clerk schedules the appointment. |
| Originals only | The court says original documents must be filed and faxed documents cannot be accepted. Use the fax number for communication only if the court directs you to do so. |
| 181 N. Irby Street, not 180 N. Irby Street | The Probate Court is in the Judicial Center at 181 N. Irby Street, Suite 1300. County administrative offices sit across the street at 180 N. Irby Street. |
| Associate Probate Judge | Florence publishes an Associate Probate Judge position. Use the court's main number for routing rather than relying on a staff name. |
| Probate search | Use the Florence-linked probate record search at southcarolinaprobate.net. For a decedent who died before 2018 and does not appear in that search, the court asks you to email [email protected]. |
| Wrong counter risk | The Clerk of Court is in the same Judicial Center but is not the estate filing office. Estate filings go to the Florence County Probate Court in Suite 1300. |
Recent updates
| Current local item | What changed or matters |
|---|---|
| Probate website | Florence's current probate page is on florencecountysc.gov at /offices/elected/probate-court/. |
| Small Estate packet | The court publishes a current Small Estate packet under S.C. Code Ann. § 62-3-1201 using the May 8, 2025 statewide threshold of $45,000. |
| Fee schedule | The Florence probate fee schedule linked by the court is dated February 2024. |
Page last reviewed: August 2026.
Scenarios
| Situation | Florence County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming what is probate property and whether the home needs a probate deed step. Florence's Full Estate Packet asks for deeds for house or land and routes the complete packet to an estate clerk before the appointment. | Sunset helps identify accounts, titles, and real-estate clues before the Florence packet is dropped off, so the first appointment is less likely to stall. |
| Out-of-state adult child with a small estate | Florence expressly allows paperwork to be mailed if you cannot come for an appointment. Use the Small Estate packet under S.C. Code Ann. § 62-3-1201, include the documents the packet lists, and call or email the court before mailing originals. | Sunset helps assemble account information and generate a checklist so you can mail a complete packet instead of making multiple trips for estate settlement. |
| Parent settling a predeceased child's estate, home must be sold | Use the Full Estate Packet and pay close attention to the Florence Affidavit of Personal Representative. The packet says real property cannot be sold without authority in the will or a court order. | Sunset helps gather financial information, organize documents for the probate packet, and connect the family with a local attorney when a sale or court order is needed. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Florence County Probate Court | Publishes estate packets, assigns an estate clerk after a complete packet is submitted, provides the estate mailbox, and states that its job is to help families report information and transfer assets correctly while not giving legal advice. | 181 N. Irby Street, Suite 1300, Florence, SC 29501; (843) 665-3085; [email protected] |
| Florence County probate record search | Searches probate matters by case number or name and shows items such as filing date, appointment date, creditor claim due date, and case status. | https://www.southcarolinaprobate.net/search/ |
| South Carolina Judicial Branch probate forms | Provides the statewide Probate Court forms that Florence incorporates into its packets. | https://www.sccourts.org/court-forms/?courtType=PC |
| South Carolina Judicial Branch self-help resources | Explains what court staff can and cannot do, including providing approved forms and instructions and checking whether papers are complete. | https://www.sccourts.org/resources/general-public/self-help-resources/ |
| South Carolina Bar Lawyer Referral Service | Connects callers with a lawyer. The Bar's current page reviewed August 2026 says participating lawyers charge no more than $50 for a 30-minute consultation and also says they 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 24/7. |
When to hire an attorney
The Florence County Probate Court says it does not require you to have an attorney, but it advises that an attorney is helpful because probate can be confusing and complicated. The court specifically recommends an attorney for formal probate or formal appointment, where a summons, petition, filing fee under S.C. Code Ann. § 8-21-770, service on interested parties, and a hearing may be involved, and its packet also warns families to seek legal advice when an old estate with real property raises the ten-year issue under S.C. Code Ann. § 62-3-108. Sunset connects families with a vetted South Carolina probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches for financial accounts, insurance, retirement assets, and other property clues so Florence County estate settlement starts with a clearer asset picture.
Generate the probate packet. Sunset turns the information you provide into an organized probate packet and checklist that can be compared against Florence County's Full Estate Packet or Small Estate packet before filing.
Find a local probate attorney. When a Florence estate involves formal probate, a home sale, disputed heirs, missing documents, or court authority questions, Sunset can help you find a local probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, locate assets, prepare next steps, and decide when professional help is needed without paying Sunset.
Frequently asked questions
Where do I file probate in Florence County?
File with the Florence County Probate Court at 181 N. Irby Street, Suite 1300, Florence, SC 29501. The court asks families to mail or drop off a complete packet first, then wait for an estate clerk to schedule the appointment.
Can I mail Florence County probate papers if I live out of state?
Yes. Florence's estate page says that if you cannot come for an appointment, you may mail the paperwork to the Florence County Probate Court at 181 N. Irby Street, Suite 1300, Florence, SC 29501. The court requires original documents and does not accept faxed filings.
Does Florence County have probate electronic filing?
Florence County's probate pages do not publish a probate electronic filing system. South Carolina also does not have a statewide probate electronic filing system; statewide electronic filing rules are for Court of Common Pleas and attorney use.
How do I look up a Florence County probate case?
The Florence County Probate Court links its probate record search at https://www.southcarolinaprobate.net/search/. If you cannot find an estate and the decedent died before 2018, the court asks you to email [email protected].
Does Florence County publish local probate forms?
Yes. Florence publishes a Full Estate Packet and a Small Estate packet. The packets use statewide forms such as Form 300ES for informal or formal probate and Form 420ES for small-estate matters under S.C. Code Ann. § 62-3-1201, but they also include Florence-specific instructions and checklists.
What is the Florence County probate filing fee?
The estate filing fee is governed by S.C. Code Ann. § 8-21-770, current schedule from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. Florence also publishes a fee schedule dated February 2024 with local items such as certificate, copy, research, and publication charges.
Can I fax probate documents to Florence County?
No. Although the court publishes a fax number, its estate page says original documents must be filed and faxed documents cannot be accepted.
Can I attend a Florence County probate hearing remotely?
Florence does not publish a local estate remote-hearing practice. Under South Carolina's statewide Remote Communication Technology order, as amended February 19, 2025, the probate judge may permit or require remote communication in a non-criminal matter unless the judge finds it would likely prejudice a party or affect fairness. Ask the Florence County Probate Court how it applies that order in your case.
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.