Estates Division

Documents To Bring With You When Opening An Estate

***YOU MUST BE IN THE OFFICE BY 3:30 P.M. TO OPEN A NEW ESTATE***

If The Decedent Had A Will:

1. Original Will.
2. Original Death Certificate.
3. Filing Fee: $25.00 (CASH OR CHECK ONLY).              

• Valid Photo I.D.

If The Decedent Had No Will:

1. Original Death Certificate.
2. Filing Fee: $25.00 (CASH OR CHECK ONLY).
3. If there is more than one heir and unless you have priority (surviving spouse) you will need to have Renunciations/Bond Waivers signed by the other heirs allowing you to be the Personal Representative (Form #302ES). If this cannot be achieved, you may file for Formal Appointment.*** Any Formal Petition filed with the Court must be accompanied by a Summons (Form #SCCA401PC), Petition (Form #300ES) and $150.00 filing fee (CASH OR CHECK ONLY). Once service has been accomplished, a Proof of Delivery (Form #120PC) must be filed with the Court.
4. 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 all the heirs sign a bond waiver, the bond may be waived. If not, the fiduciary bond would be required.
5. Death Certificate for deceased person with higher or equal priority to serve as Personal Representative. (If Applicable)
6. Valid Photo I.D.

Small Estate Affidavit:

(For estates under $25,000 and NO real estate in decedent’s name)

1. You are required to wait at least 30 days from the date of death to come to Probate Court.
2. Original Will (If Applicable).
3. Original Death Certificate.
4. Valid Photo I.D.
5. Paid in FULL funeral bill that shows a ZERO balance and WHO paid the bill.
6. Filing Fee: This fee can range from $17.50-$72.50 depending on the value of the estate (CASH OR CHECK ONLY).
7. Copy of the vehicle title (or registration), mobile home title, boat and/or motor titles (If Applicable). You will also need to bring a current value for the assets.
8. Copy of bank statements that include the balance and the account number or copy of insurance policy information complete with the policy numbers (If Applicable).

Will Filed For Record Only:

If the decedent did not have any assets in his/her name at the time of his/her death but did have a Last Will and Testament (Will), you must turn in the Original Will to Probate Court to be filed. You must also bring an Original Death Certificate and a $20.00 Filing Fee (CASH OR CHECK ONLY).

Please call the Berkeley County Probate Court at: (843) 719-4519 for any additional questions prior to coming to the office to avoid being turned away due to the lack of having all required documentation. Thank you.

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