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Documents you will need to bring with you to the Probate Court when Opening an Estate

 

IF THE DECEDENT HAD A WILL:

  1. ORIGINAL Will

  2. Proof of Death - Original Death Certificate.

  3. Completed Application for Informal Probate and Appointment; to include copy of death certificate for deceased Personal Representative with higher priority to serve.

  4. Filing Fee (Ranges from $25.00 to $95.00 based on value of estate).

  5. You will need to furnish the Court with a Creditor's Publication Selection Sheet. The fees range from $30 to $120. Note: Fees are payable to the Charleston County Probate Court. If payment is made by check, two separate checks are required for the above fees.

IF THE DECEDENT HAD NO WILL:

  1. Proof of Death - Original Death Certificate.

  2. Completed Application for Informal Appointment.

  3. Filing Fee (Ranges from $25.00 to $95.00 based on value of estate).

  4. If more than one heir and unless you have priority (surviving spouse) you will need to have Renunciations signed by the other heirs allowing you to be the Personal Representative of the Estate; to include copy of death certificate for deceased heirs or divisees..

  5. You will need to furnish the Court with a Creditor's Publication Selection Sheet. The fees range from $30 to $120. Note: Fees are payable to the Charleston County Probate Court. If payment is made by check, two separate checks are required for the above fees.

  6. You will need to furnish the Probate Court with a Fiduciary Bond in the amount of one-and-a-half times the total value of the personal property in the decedent's name only. If the personal property is valued at $20,000 or less, a waiver of bond can be signed by the heirs to waive bond on the Personal Representative. (You can call an Insurance Company and check with their staff on how to purchase the bond. Also you may get a Waiver of Bond form from the Probate Court.)

AFFIDAVIT OF COLLECTION (For estates under $10,000)
YOU MUST WAIT AT LEAST 30 DAYS FROM DATE OF DEATH TO COME TO THE PROBATE COURT.

  1. ORIGINAL Will (If Applicable)

  2. Proof of Death - Original Death Certificate.

  3. Completed Application for Informal Probate and/or Appointment.

  4. PAID Funeral Bill (Showing WHO paid the funeral bill)

  5. Filing Fee of (Estate value of $0 to $5,000 = $25.00, value of $5,000 to $10,000 = $45.00.)

  6. You will need to furnish the Court with the vehicle registration or title, mobile home registration or title, boat title or registration. (If Applicable) Include fair market value of assets.

  7. You will need to furnish the Court with copies of bank statements to include the balance and the account number or copy of insurance policies with the policy numbers. (If Applicable)

  8. You will need to furnish the Court with statements from any known creditors who need to be paid..

NO ASSETS -WILL FILED FOR RECORD OR INFORMAL PROBATE OF WILL ONLY.

 

If the Decedent did not have any assets in his/her name at the time of his/her death but did have an original Will, you must turn the original Will into the Probate Court to be filed for record only or for informal probate. The filing fee will be $10.00 or $12.50 respectfully. Form 300 PC must be completed. You will be required to send Information to Heirs and Devisees and furnish the Probate Court with Proof of Delivery for Informal Probate of Will.

 

IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PROBATE COURT AT (843)958-5030 PRIOR TO COMING TO THE PROBATE COURT (TO AVOID BEING SENT AWAY BECAUSE YOU DO NOT HAVE ALL THE REQUIRED DOCUMENTATION), AND TO MAKE AN APPOINTMENT. THANK YOU.

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