probate_FC-Seal


FLORENCE COUNTY PROBATE COURT
The Honorable Jesse S. Cartrette, Jr.
Probate Court Judge
181 N. Irby Street, Suite 1300
Florence, SC 29501
843-665-3085




Judge Cartrette


Full Estate
  • Submit completed Form 300ES, all required documents and court costs (We cannot accept incomplete documents)
  • Documents will be given to an Estate Clerk then your assigned Estate Clerk will contact you to schedule an appointment
  • At your appointment, you will be given the necessary documents for you to probate the estate
Small Estates
  • If you drop off the completed Small Estate packet with all required documents and court costs please allow 5 business days to hear from a case worker.
Meeting with Your Case Worker
  • You may schedule an appointment with your case worker or the Front Desk can schedule an appointment for you
  • Walk-ins will be required to schedule an appointment to meet with their assigned case worker
  • If you experience difficulty reaching your case worker on the phone, please try to email them as it may be a faster way to contact them

Are Probate records available for the public to review? I just had a will drawn up; can I file it in your office?
  • A will is not filed in our office until the person is deceased.
What are the requirements for having a legal will?
  • The document must be in writing, signed by the testator, who is at least 18 years old. You must also have two witnesses, who are not beneficiaries of the will. You should consult a Probate Attorney.
In South Carolina, how is the property of a deceased citizen distributed if there is no will?
  • If one dies without a will, the laws of intestate succession control probate property. Generally, the property passes in accordance with the deceased's family tree (unless there are non-probate transfers).
What is the difference between a regular estate and a small estate?
  • A regular estate is when the decedent owned real estate or had assets valued at more than forty-five thousand dollars. Estates over $45,000 take a minimum of 8 months to allow creditors to file claims.
  • A small estate is when the decedent owned no real estate and the total assets are valued at less than $45,000. A small estate can be filed after 30 days from the date of death. Process time takes 72 hours.
What if the decedent owned land or a home in more than one state?
  • If the decedent owned real property out-of-state you must also file for “ancillary administration.” Please note that the laws of the other state govern who gets the real estate located in their jurisdiction unless there is a Will. If there is a Will, it must be submitted in both jurisdictions.
Do I have to file probate if I am not on the bank account with the deceased?
  • Yes, if the deceased is the only one on the account, you must open probate.
Do I have to open probate if there is real estate.
  • Yes and No, it depends on what the deed says.
    • NO - If it is joint tenants with right of survivorship. You would just file the death certificate with the Register of Deeds.
    • YES -If the property only has their name on it or if it has John Doe and Jane Doe as tenants in common, you must file probate.
Do I have to obtain an attorney in order to probate an estate?
  • We do not require you to obtain an attorney, but we do advise that an attorney is always helpful because probate can be a very confusing and complicated process.
  • For formal probate or appointment, an attorney is recommended. This requires the filing of a Summons/Petition/filing fee and then service of the pleadings on the interested parties. A hearing will then be set for the presentation of testimony. Since a hearing is not required for informal probate and/or informal appointment, an attorney is not necessary in this case.
Can the Personal Representative charge a fee for his services?
  • Generally, a Personal Representative is entitled to a commission not to exceed 5% of the value of the personal property of the estate. This does not include the value of real estate, unless the real estate is sold by the Personal Representative as part of the administration of the estate. You must file a formal Summons and Petition with a $150.00 filing fee and a serve all heirs and a hearing maybe required.
Do life insurance policies that are payable to a beneficiary have to go through Probate?
  • Life insurance policies payable to a beneficiary are not required to be reported. The transfer of that asset should be dealt with by the beneficiary of the policy and the company or agency providing the benefit.
Where can I get a copy of a deed?
  • The Register of Deeds Office for the county in which the property is located maintains recorded deeds. There will be a cost involved in obtaining a copy or you can visit our search page

Estate Administration

If there is a Will, this must be filed with the Court within thirty (30) days from the date of death. The majority of estates will come under the informal procedures. There are no Notices or Hearings required unless demanded by an interested party pursuant to South Carolina Code of Laws, § 62-3-204 (1976, as amended).

Formal proceedings are contested matters such as objections to appointments of personal representatives, will contests, lost or destroyed will and declaratory judgements on intestacy. Formal proceedings require Notices to all interested parties and a Hearing. Formal proceedings must be commenced within the later of eight months from informal probate or one year from the decedent’s death.

A Part 5 Administration happens only under rare circumstances where close supervision and continuing authority by the Court is necessary for the protection of interested parties.

A Small Estate Administration occurs when the decedent’s estate less liens and encumbrances does not exceed twenty-five thousand dollars. This cannot take place until thirty (30) days after death. The death certificate and a copy of the funeral bill must be furnished to the Court.

Under Summary Administration of Small Estate the appointment of a Personal Representative is made. An Inventory and Appraisement must be filed with the Court. If the total assets that pass through the estate wherever located, and liens and encumbrances are less than twenty-five thousand dollars, the Personal Representative, after giving notice to creditors, may immediately disburse and distribute the estate to the entitled persons. A verified statement to close and a full account in writing must be filed with the Court and copied served on all distributees and creditors whose claims are neither paid nor barred.

Below are questions to determine what type, if any, estate administration is needed:

1. Was the decedent permanently living in County of Florence at the time of death?
     If not, please contact the Probate Court of the appropriate County or State.

2. Did the decedent die within the last ten (10) years?

3. Did the decedent own personal property valued more than $45,000 or any real estate?


A. If you answered YES to all of these questions, please follow the link to access FORM 300ES PETITION/APPLICATION FOR APPOINTMENT (Download Form Here). Should you encounter a problem you may contact our office at (843) 665-3085 or send an email to estaterequest@florencecountysc.gov for a package of forms required for Full Estate Administration. This package will include most of the forms you will need throughout the entire process; however, the first step is to complete FORM 300ES PETITION/APPLICATION FOR APPOINTMENT to the best of your ability. Be sure to sign and notarize where indicated and return with the following:

  • A copy of the death certificate.
  • The original Will, if there was one.
  • Court Cost for initial court fees and publication made payable to Florence County Probate Court for either choice below:
   •   Community Times – $45.00 Filing Fee + $35.00 Publication Fee= $80.00
   •   Morning News – $45.00 Filing Fee + $80.00 Publication Fee = $125.00

Upon completion of the FORM 300ES PETITION/APPLICATION FOR APPOINTMENT it is recommended that you drop the completed package off to the court along with a copy of all required documents. Once all the required documents are received by the court, the documentation will be reviewed and an estate clerk will contact you within 48 hours to schedule an appointment. If you are unable to come for an appointment you may mail the paperwork to: Florence County Probate Court, 181 N. Irby St., Suite 1300, Florence, SC 29501


B. If you answered YES to 1 and 2 but the decedent did not own any real property and the value of the personal property is less than $45,000, please follow the link to FORM 420ES AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY (Download Form Here). Should you encounter a problem you may contact our office at (843) 665-3085 or send an email to estaterequest@florencecountysc.gov to request that we mail this form to you. After receiving and completing the Affidavit, be sure to sign and notarize where indicated and return with the following:

  • Original Death Certificate.
  • Copy of paid funeral bill
  • Obituary
  • Affidavit as to Reimbursement for Payment of Funeral Bill
  • Check made payable to the Florence County Probate Court as follows:

    •   •   $12.50 if the total value is below $100.00
      •   $25.00 if the total value is $100.00 – $4999.99
      •   $45.00 if the total value is $5,000.00 – $19,999.99
      •   $67.50 if the total value is $20,000.00 – $45,000.00

    NOTE: There is a mandatory 30-day waiting period from date of death to file a FORM 420ES (AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY).

    Upon completion of the FORM 420ES AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY it is recommended that you return the completed form and all required documents to the court. If you are unable to come for an appointment you may mail the paperwork to Florence County Probate Court, 181 N. Irby St., Suite 1300, Florence, SC 29501. Once all completed documents have been received into the court an appointment will be scheduled.

    Please note you must file original documents. Faxed documents cannot be accepted.