Estate Planning & Probate in Charleston County, South Carolina
Most Charleston County estate questions come down to one fork: avoid probate before a death, or work through it after one. Start with your situation below; both paths use Charleston County's actual court and recording details.
The Probate Process in Charleston County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Charleston County, probate runs through the Probate Court at 100 Broad Street, Suite 469, Charleston. Charleston County is one of 1 South Carolina counties that accept probate e-filing; most probate courts in the state still take filings on paper.
Full Charleston County probate guide: cost, how to file & attorneys →Probate Court Record
Charleston County Probate Court
Charleston County
Phone
Hours
Office
Website
E-filing
Filing in person
Self-represented filing
Self-help forms
How to file probate in Charleston County →
Verified October 16, 2026 · Source
Recording Office Record
Register of Deeds
Charleston County
Phone
Hours
Office
Website
Recording fee
E-recording
Verified October 17, 2026 · Source
Vital Records Office Record
South Carolina Department of Public Health - Vital Records Section
Charleston County · State vital records office
Phone
Hours
Office
Website
Certified copies
Certified copy fee
Full death certificate details →
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Charleston County · Charleston County Coroner's Office
Phone
Hours
Office
Website
Full coroner or medical examiner details →
Verified November 3, 2026 · Source
Local Procedures at the Probate Court
The court holds free workshops on estate administration and estate planning, virtually and at county libraries, with registration on its website.
Commitment, Adult Guardianship/Conservatorship, and Marriage Divisions remain at 100 Broad Street, Suite 469. The filer chooses a paper on the Creditor's Publication Selection Sheet and pays the advertising cost when the estate is opened. The court mails the affidavit of publication to the attorney of record, or to the personal representative where there is none.
Forms for Planning and Settling an Estate in South Carolina
Free South Carolina forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for South Carolina.
Last Will and Testament
In South Carolina, a will is signed before 2S.C. Code § 62-2-502Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyS.C. Code § 62-2-502Verified Oct 19, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In South Carolina, a pour-over will is signed before 2S.C. Code § 62-2-502Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
South Carolina requires 2S.C. Code Ann. § 62-5-504Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredS.C. Code Ann. § 62-5-504Verified Oct 15, 2026View source.
Financial Power of Attorney
South Carolina treats a power of attorney as durable by defaultS.C. Code § 62-8-101 et seq.Verified Sep 20, 2026View source, and it is signed before 2S.C. Code § 62-8-101 et seq.Verified Sep 20, 2026View source witnesses and a notary.
Tools for Planning and Settling an Estate in South Carolina
Free calculators and checklists to plan or settle an estate in South Carolina: will and trust costs, probate, executor pay and taxes. Run each tool.
How Do I Settle an Estate?
Settling an estate in South Carolina: the personal representative files the estate inventory within 90 daysS.C. Code §§ 62-3-706, 62-3-707, 62-3-708Verified Sep 15, 2026View source of appointment; creditors have 8 monthsSC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
How Do I Settle a Trust?
Settling a trust in South Carolina happens outside court: the trustee acts under the state's Uniform Trust CodeS.C. Code Ann. § 62-7-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 90 daysS.C. Code §§ 62-7-813, 62-7-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
Do I Need Probate?
In South Carolina, estates valued at $45,000S.C. Code § 62-3-1201Verified Sep 8, 2026View source or less use the Small Estate AffidavitS.C. Code § 62-3-1201Verified Sep 8, 2026View source, 30 daysS.C. Code § 62-3-1201Verified Sep 8, 2026View source after death, a court filing short of full probate.
Who Inherits Without a Will?
Without a will in South Carolina, a surviving spouse takes half of the estateS.C. Code § 62-2-102Verified Oct 21, 2026View source when a child or other descendant survives, and descendants divide what passes to them per capita with representationS.C. Code § 62-2-106Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in South Carolina costs an estimated $27,462S.C. Code § 62-3-721 (compensation of any person the PR employs, including an attorney); § 62-1-111 (costs and attorney's fees in a formal proceeding); § 62-3-720 (litigation expenses)Verified Sep 8, 2026View source. Attorney fees run 2.1%Modeled estimate under S.C. Code § 62-3-721 (compensation of any person the PR employs, including an attorney); § 62-1-111 (costs and attorney's fees in a formal proceeding); § 62-3-720 (litigation expenses): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.3%Modeled estimate under S.C. Code § 62-3-721 (compensation of any person the PR employs, including an attorney); § 62-1-111 (costs and attorney's fees in a formal proceeding); § 62-3-720 (litigation expenses): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
South Carolina Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Charleston County.
Is this your situation?
Get a complete guide for your specific circumstances.
