How Do I File for Probate in South Carolina?
South Carolina's single statewide petition (Form 300ES, used for both tracks) is a print-only PDF with no fillable fields, so this tool cannot complete it; the application is filed on the official 300ES.
Opening an estate in South Carolina
South Carolina uses a single statewide mandatory form (300ES) for both tracks and both testate/intestate appointments, but the official 300ES PDF is print-only flat with no interactive AcroForm fields — the only "type-into" version the Judicial Branch publishes is a Word .dot — so our field-fill tool cannot complete it and an automated fill is not viable without a text-overlay layer; the page off-ramps to the official 300ES and counsel. Re-verified 2026-08-24 by downloading the live 300ES.pdf and qpdf-normalizing it (object streams disabled, so fields cannot hide in a compressed stream): zero AcroForm/Widget fields, producer "Microsoft: Print To PDF". This is a genuine flat form, not the North Dakota false negative — the SC small-estate form 420ES, from the same Judicial Branch forms list, exposes 126 widgets and IS filled by this codebase, so SC plainly publishes fillable PDFs and simply has not made 300ES one. The process is otherwise pro se friendly (one uniform form across all 46 county probate courts, bond usually waived under § 62-3-603), though appointment is filed on paper and the PR must separately qualify (§ 62-3-601).
A simpler path may apply
South Carolina offers a small-estate or summary procedure that can transfer property without a full grant of Letters when the estate qualifies. This is often the honest self-service path where full administration is not.
Frequently asked questions
Yes. South Carolina permits a self-represented person to open an estate and apply for Letters. What we do not do is produce the document for you here: south Carolina's single statewide petition (Form 300ES, used for both tracks) is a print-only PDF with no fillable fields, so this tool cannot complete it; the application is filed on the official 300ES.
South Carolina offers a small-estate or summary procedure that can transfer property without a full grant of Letters when the estate qualifies. Form 300ES is a single mandatory form whose "Application (Informal)" and "Petition (Formal)" halves cover both appointment tracks, and it serves both testate (probate of will) and intestate appointments — so no separate testate/intestate petition forms exist. After the court appoints, the personal representative qualifies under § 62-3-601 and the Probate Court issues a Certificate of Appointment evidencing authority. The FORMAL track carries two extras printed on the face of the form: "IF THIS IS A FORMAL PROCEEDING, IN ADDITION TO THIS FORM PETITION, YOU MUST ALSO FILE A SUMMONS (FORM SCCA 401PC), AND PAY THE STATUTORY FILING FEE OF $150.00. A HEARING IN THE PROBATE COURT ON THE PETITION MAY BE REQUIRED." No attorney mandate applies to opening the estate: S.C. Code Ann. § 40-5-80 preserves a citizen's right to "prosecut[e] or defend[] his own cause," and the Supreme Court order holding that a non-lawyer administrator must appear by counsel (Order 2005-07-07-01) is addressed to perfecting an APPEAL on the estate's behalf, not to filing the 300ES.
County Probate Court handles decedents' estates in South Carolina. Probate Court issues Certificate of Appointment of Personal Representative after the court grants the petition.
In South Carolina the court issues Certificate of Appointment of Personal Representative to the personal representative — the executor when there is a will, or the administrator when there is none. They give that person authority to act for the estate.
Is this your situation?
Get a complete guide for your specific circumstances.
Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
Learn more
Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn more
Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
Learn moreMore tools for settling this estate
Calculators and checklists for navigating probate and estate administration.
Notice to Creditors
Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.
Small Estate Affidavit
Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
Estate Closing
Prepare the paperwork that closes the estate — the state's closing statement, petition for discharge, or final account, with the state's closing instructions and the optional federal forms.
Letter of Instruction
Prepare the letter of instruction a bank or insurer requests during estate settlement.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's digital-account assets from the program that holds them.
How Much Does Probate Cost?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
How Much Can an Executor Charge?
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
Who Inherits Without a Will?
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
Do I Need Probate?
Answer a few questions to find out if an estate needs full probate, qualifies for simplified probate, or can avoid probate entirely with a small estate affidavit.
Hire a South Carolina Probate Attorney
Browse 80 probate firms in South Carolina with addresses, contact info, and practice details.
