Probate in Charleston County runs through the Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Charleston County, settling their estate runs through the Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Charleston County
Address
Phone
Fax
Hours
Departments
Separate divisions for Estate, Commitment, and Marriage. Estate Division is at 84 Broad Street (Historic Courthouse), 3rd Floor. Monthly Estate Workshops available.
Verified July 5, 2026 · Source
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.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under South Carolina intestacy law when there is no will.
Most South Carolina estates take 9 months to 18 months to move through this process. The 8 monthsS.C. Code § 62-3-803Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What probate costs in Charleston County, South Carolina comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Probate Court at 100 Broad Street, Suite 469, Charleston.
Probate matters are handled through Estate Administration, Marriage License Division, and Commitment/Guardianship/Conservatorship Division. Filing and payment go through these offices, not the main clerk window.
Charleston County runs a probate self-help center, which is the single biggest cost-saver for families who can self-file. Staff can walk you through the paperwork and explain procedures, though they cannot give legal advice on your specific case.
South Carolina charges $25 - $95 (graduated by the probate estate)S.C. Code Ann. § 8-21-770(B)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Probate Court accepts e-filing (https://ez-filing.net/southcarolina/Default.aspx). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in South Carolina are negotiated, typically 2.1%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source to 3.3%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
South Carolina requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%S.C. Code § 62-3-603Verified Sep 8, 2026View source of estate value annually.
Probate in South Carolina typically runs 9 months to 18 months, and costs accrue throughout that period.
Probate documents in Charleston County can be filed in person at the Probate Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available.
Filings here are routed through Estate Administration, Marriage License Division, and Commitment/Guardianship/Conservatorship Division. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationNot every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate Court is realistic. Charleston County has a self-help center that assists people filing without an attorney.
For a full cost comparison and filing checklist, see the Charleston County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
EZ-Filing electronic system available for registered filers
Documents and fees can be submitted electronically. Court available virtually 24/7 through EZ-Filing.
SourceEstate Division located at 84 Broad Street (Historic Courthouse), 3rd Floor; Estate Division direct line 843-958-5030, fax 843-958-5044
Commitment, Adult Guardianship/Conservatorship, and Marriage Divisions remain at 100 Broad Street, Suite 469.
SourceFor informal administration, complete Form 300ES; no hearing required
Formal probate requires attorney; Summons/Petition/filing fee and service on interested parties required
Monthly Estate Workshops available
Estate Division opens approximately 2,200 estates per year and tries approximately 400 litigated cases.
Before You Go
An appointment is required to file in person. Estate appointments scheduled through the online (Outlook) booking portal; drop boxes available outside both office locations for document submission.
To file at the Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Register of Deeds.
Deeds and other real property documents for Charleston County are recorded with the Register of Deeds at 101 Meeting Street, Suite 200, Charleston, SC 29401. Phone: 843-958-4800. Hours: Monday-Friday 8:30 AM - 5:00 PM.
The Register of Deeds charges $15 flat, regardless of page count.
Charleston County accepts electronic recording.
Recording Office Record
Charleston County · Register of Deeds
Address
Phone
Fax
Hours
E-recording
Recording fees
| Flat fee (any length) | $15 |
S.C. Code Ann. 8-21-310(A)(1); S.C. Code Ann. 12-24-10 et seq.
Verified September 8, 2026 · Source
South Carolina allows informal probate, so many families settle straightforward estates in Charleston County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in South Carolina are based on reasonable compensation — typically 2.1%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source to 3.3%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Charleston County firm to quote a structure up front.
A probate attorney files the petition with the Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
FirmCharleston, SC
Cockrill Estate Law provides representation to Lowcountry families in estate planning, probate, and trust matters. Founding attorney Kathryn Cockrill also serves as a court-appointed guardian ad litem on behalf of disabled and disadvantaged adults.
PracticesEstate PlanningTrust AdministrationProbateConservatorshipGuardianship
Solo PracticeSummerville, SC
DeMott Law Firm prepares wills, revocable trusts, powers of attorney, and healthcare directives for families in Summerville, Goose Creek, Charleston, North Charleston, and Hanahan. Russell DeMott served as an Associate Probate Judge for the Dorchester County Probate Court from 2011 to 2017 and is a certified mediator for Probate Court cases.
PracticesEstate PlanningProbateTrustsWills
FirmCharleston, SC
LaFond Law Group is a Charleston firm on Savannah Highway serving families in the Charleston area. Its probate practice handles estate administration after a death, reconciling the decedent's affairs and transferring assets to beneficiaries, usually under the terms of a will. The firm limits its work to estate planning and administration, elder law, and real estate.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 2 more
FirmCharleston, SC
Seibert Law Firm provides a full range of estate planning services from drafting simple wills to developing complex trusts and asset protection strategies. The firm has two Charleston locations and offers competitive pricing with financing options.
PracticesEstate PlanningProbateProbate LitigationAsset Protectionand 2 more
FirmCharleston, SC
Evans, Carter, Kunes & Bennett is located in the heart of downtown Charleston. With over 100 years of collective experience in taxation and estate tax planning, the attorneys assist clients in income taxation, estate planning, probate, trust law and charitable organizations. Each attorney holds a Masters of Law in Taxation or Estate Planning.
PracticesEstate PlanningTrust AdministrationProbateTax PlanningCharitable Planning
FirmCharleston, SC
Rutledge & Coxe is a Charleston estate planning firm where attorneys W. Thomas Rutledge, Jr. and Campbell D. Coxe, Jr. have spent their entire legal careers handling estate and trust matters with over 50 years of combined experience. The firm prepares wills, powers of attorney, trusts, and probate documents, and serves as personal representatives and independent trustees.
PracticesEstate PlanningTrust AdministrationProbateGuardianshipWills
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from South Carolina statutes and official state code. How we research.
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Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Step-by-step tools for families in Charleston County, South Carolina.
Get a personalized plan for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.
Get a personalized plan for settling a trust after the grantor passes away. Covers beneficiary notification, asset transfers, creditor handling, taxes, and distributions.
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