Estates Division

Documents Needed To Open An Estate

***Walk-ins accepted between 9-3:30 Monday through Friday on a first come, first serve basis.***

All Cases Will Require The Following:

1. Original Death Certificate
2. Valid Picture ID for anyone executing documents
3. Cash or check payable to Berkeley County for payment of all fees (credit cards not accepted)
4. Please choose one of the following scenarios for additional requirements:          

If The Decedent Had A Will:

1. Original Will.
2. The person named in the Will to serve as Executor or Personal Representative should attend the appointment.
3. Fee of $25 cash or check payable to: Berkeley County Probate Court
4. Names & addresses of heirs (spouse & children, or parents) and anyone listed in the Will. Year of birth for any minors.       

If The Decedent Had No Will:

1. The person with priority to serve should attend the appointment. If the Decedent was married, this is the spouse. If unmarried, this may be the children or parents. If more than one person has priority to serve, you will need to have Renunciations signed by anyone with higher priority or with equal priority (Or Death Certificate of any deceased person with priority) – or you will need to contact the office or an attorney regarding Formal Appointment procedures.
2. Fee of $25 cash or check payable to: Berkeley County Probate Court
3. Names & addresses of heirs (spouse & children, or parents). Year of birth for any minors.

If The Decedent Had A Small Estate – You Must Wait 30 Days After Date Of Death:

If the Decedent’s estate (minus liens and encumbrances) is valued at less than $25,000 you may qualify for a small estate. If the Decedent owned any real estate, a Small Estate Affidavit cannot be used.

1. Funeral bill with receipt showing who paid the bill (the bill must have a zero balance.)
2. List of all property, including bank account statements with the exact balance
3. Vehicle title, mobile home title, boat and/or boat motor title, along with proof of the fair market value
4. Names and addresses of spouse, children, heirs, and devisees, and the year of birth for any minors

If The Decedent Had No Assets:

If the Decedent did not have assets in his/her name at the time of death but DID have an original Will, you may file the Will for Probate. There is a $25 filing fee. If the Decedent had no assets and no Will then you DO NOT need to file anything with the Probate Court.

If you have questions, you may call (843) 719-4519 *We do not accept credit cards.*

Contact Us: