Khaled Law Firm provides elder law, estate planning, trust administration, Medicaid asset protection, and probate services across the greater Rock Hill area. Julia Khaled has over 20 years of experience in elder law and also holds a Master of Social Work.
What to Do When Someone Dies in Chester County, South Carolina
How probate works in Chester County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Chester County Probate Court
Chester County
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
1476 J.A. Cochran Bypass, Chester, SC 29706
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredAn appointment is required for all estate matters, and a party is limited to two people per appointment. No appointment is needed to apply for a marriage license, and both parties must be present.
Self-represented filing
AllowedThe court posts three estate packets: the Estate Opening Packet for a full estate including real estate, the Small Estate packet (assets under $45,000 and no real estate) and the Will Only packet (no assets). Every statewide estate form is linked from the same page in PDF and Word.
County forms
- Estate Opening PacketOpening a full estate, including one with real estate.
- Small Estate PacketCollecting a small estate with assets under $45,000 and no real estate.
- Will Only PacketProbating a will where the decedent left no assets.
P.O. Box 580
Chester, SC 29706-0580
Fax
1-803-581-5180
About the court
- In-person marriage license applications processed Monday - Friday 8:30am - 4:00pm.
Verified October 16, 2026 · Source
How Probate Works in Chester 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 Chester County, probate runs through the Probate Court at 1476 J.A. Cochran Bypass, Chester.
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. Creditors have 8 monthsSC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Oct 19, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Chester County
What probate costs in Chester 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 1476 J.A. Cochran Bypass, Chester.
South Carolina charges $25 - $95 (graduated by the probate estate)S.C. Code Ann. § 8-21-770(B)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in South Carolina are negotiated, typically 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 estate value. Flat-fee arrangements are common for straightforward estates.
South Carolina allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payS.C. Code § 62-3-719 (up to 5% of personal property + real property sale proceeds; min $50; court may authorize above 5% for extraordinary services)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
South Carolina requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under 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.
How to File Probate at the Probate Court
Probate cases in Chester County are filed at the Probate Court. File in person during business hours or by mail.
Can You File Without an Attorney?
South Carolina has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableS.C. Code § 62-3-301Verified Sep 8, 2026View source.
For a full cost comparison and filing checklist, see the Chester County Self-Filing Assessment.
Chester County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Will must be filed within 30 days from date of death
The court states that probate takes at least nine months to complete.
SourceWhat to Bring
Filed with the opening petition at the Probate Court: Death certificate — county Probate Court intake practice, not required by Title 62 or by Form 300ES; the counties differ on form (Berkeley and Horry ask for a certified copy, Charleston for the original and "no copies", Lexington and York for a copy), so confirm with the county where the estate is opened; Original will and any codicils (S.C. Code Ann. § 62-2-901, delivery of will to court); Qualification / Statement of Acceptance of the personal representative (S.C. Code Ann. § 62-3-601); Fiduciary Bond (Form 341ES) when required (S.C. Code Ann. § 62-3-603)S.C. Code Ann. §§ 62-3-301 to 62-3-311 (informal probate and appointment); §§ 62-3-401 to 62-3-414 (formal testacy and appointment); § 62-3-601 (qualification before letters); § 62-3-603 (bond)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Chester County
In Chester County certified copies of the death certificate come from South Carolina Department of Public Health - Vital Records Section; the Local Health Department files the certificate and issues no copies to the public.
Vital Records Office Record
South Carolina Department of Public Health - Vital Records Section
Chester County · State vital records office
Phone
Hours
Monday, Tuesday, Thursday, Friday 8:30 AM-5:00 PM; Wednesday 9:30 AM-5:00 PM
Office
2600 Bull Street, Columbia, SC 29201
Website
Certified copies
From South Carolina Department of Public Health - Vital Records Section; the Local Health Department files the certificate and issues no copies to the public
Vital Records Section
P.O. Box 2046
West Columbia, SC 29171
Certified copy fees
| First certified copy | $12 |
| Each additional copy ordered at the same time | $3 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Chester County · Chester County Coroner's Office
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
514 B Government Drive, Chester, SC 29706
Website
Mail and offices
P.O. Box 580
Chester, SC 29706
Fax
1-855-930-3343
Verified November 3, 2026 · Source
Transferring Property in Chester County
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 Clerk of Court.
Deeds and other real property documents for Chester County are recorded with the Clerk of Court at 140 Main Street, Chester, SC 29706. Phone: 1-803-385-2605. Hours: Monday-Friday 8:30 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 580, Chester, SC 29706.
The Clerk of Court charges $15 flat, regardless of page count.
Recording Office Record
Clerk of Court
Chester County
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
140 Main Street, Chester, SC 29706
Website
P.O. Box 580
Chester, SC 29706
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 October 17, 2026 · Source
Probate Attorneys Serving Chester County
South Carolina allows informal probate, so many families settle straightforward estates in Chester 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, billed hourly or as a flat fee. Ask a Chester 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.
Morton & Gettys offers estate planning, probate administration and litigation, trust administration, and guardianship services from their Rock Hill office. The firm was recognized by U.S. News Best Law Firms.
Timi Poulos Clack, Attorney at Law, LLC is a general practice firm in the historic district of Chester handling estate planning, wills, powers of attorney, living wills, and probate administration, plus family law, real estate, and business matters for Chester County and surrounding counties.
Spartanburg general practice firm serving the Upstate since 1955. Its probate practice covers probate administration, wills and trusts, and estate litigation, alongside real estate, family law, and civil litigation.
Spartanburg firm whose estate practice covers probate administration and estate settlements, including probate forms, family settlement agreements, disclaimers, and federal estate tax returns. The firm also handles estate and trust litigation, and prepares wills, revocable and irrevocable trusts, and wealth transfer plans.
Greenville estate planning firm located on Mills Avenue near downtown. The firm works with personal representatives through probate, from initial filings to final distributions, and advises successor trustees on trust administration, including beneficiary notices, asset valuation, tax filings, and distributions.
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.
Legal Sources
(9)·
- S.C. Code § 62-3-301
- S.C. Code § 62-3-719 (up to 5% of personal property + real property sale proceeds; min $50; court may authorize above 5% for extraordinary services)
- S.C. Code Ann. § 8-21-770(B)
- S.C. Code Ann. §§ 62-3-301 to 62-3-311 (informal probate and appointment); §§ 62-3-401 to 62-3-414 (formal testacy and appointment); § 62-3-601 (qualification before letters); § 62-3-603 (bond)
- SC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806
- S.C. Code Ann. 8-21-310(A)(1); S.C. Code Ann. 12-24-10 et seq.
- Chester County Probate Court, official page
- Chester County Clerk of Court, official page
- Chester County vital records and death investigation offices, official page
Data sourced from South Carolina statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in South Carolina
Free tools for settling an estate in South Carolina: whether probate is needed, executor and trustee pay, creditor deadlines 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.
See the Steps
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.
See the Steps
Can I Self-File Probate?
South Carolina has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableS.C. Code § 62-3-301Verified Sep 8, 2026View source.
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