Where do I file for probate in Richland County, SC?

Probate petitions for estates in Richland County are filed at the Richland County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Richland County?

Probate filing fees in Richland County, South Carolina vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Richland County?

While not always legally required in South Carolina, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in South Carolina, their assets are distributed according to state intestacy laws. The Richland County Probate Court will appoint an administrator to manage the estate.

Richland County Probate Court, South Carolina

Q: How long does probate take in South Carolina?

Probate in South Carolina typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Court Location & Contact

Address

1701 Main St. 2nd Floor, Ste. 207 Columbia, SC 29201

Phone

803-576-1961

Visit Official Court Website

Filing Fees

Richland County, South Carolina

Fee Type	Amount
Size of the Regular Estate $0.00 to $4,999	$25.00
Size of the Regular Estate $5,000 to $19,999	$45.00
Size of the Regular Estate $20,000 to $59,999	$67.50
Size of the Regular Estate $60,000 to $99,999	$95.00
Size of the Regular Estate $100,000 to $599,999	$95.00 plus .0015 in excess of $100,000
Size of the Regular Estate $600,000 and above	$845.00 on the 1st $600,000 plus .0025 in excess of $600,000
Small Estate Affidavit or Affidavit for Collection of Personal Property Less than or Equal to $100.00	$17.50
Small Estate Affidavit or Affidavit for Collection of Personal Property $101.00 to $4,999.99	$30.00
Small Estate Affidavit or Affidavit for Collection of Personal Property $5,000.00 to $19,999.99	$50.00
Small Estate Affidavit or Affidavit for Collection of Personal Property $20,000.00 to $45,000.00	$72.50

Judges & Officers

JA

Judge Amy McCulloch

Required Forms

109 ES Motion for Removal

110 ES Notice of

111 ES D Demand for Notice in an Estate

111 ES W Waiver for Notice in an Estate

113 ES Demand for Hearing (Estates Only)

120 PC Proof of Delivery

121 ES Appointment of Agent For Service of Process

122 ES Motion for Service by Publication

123 ES Motion for Transfer of Venue For Decedent Estate

124 ES Summons to Show Cause (Dereliction of Duties)

125 ES Proof of Delivery of Non-Probate Property Inventory

130 ES Order for Appointment of Guardian Ad Litem (GAL)

ES Oath of Guardian Ad Litem(PDF, 45KB)

151 ES Notice of Correction

300 ES Probate Application/Petition

Probate Guide

Probate in Richland County, South Carolina

The Richland County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Richland County, SC, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In South Carolina, the probate court in each county oversees this process.

When Is Probate Required in South Carolina?

Probate is generally required when:

The deceased owned real estate solely in their name
The estate contains assets above South Carolina's small estate threshold
There are disputes among heirs or creditors
Assets are not held in a trust or joint tenancy

Steps to File for Probate in Richland County

Locate the will (if one exists) and gather the death certificate
File a petition with the Richland County Probate Court to open probate
Notify heirs and creditors as required by South Carolina law
Inventory the estate — identify all assets, debts, and liabilities
Pay debts and taxes — settle outstanding obligations from estate funds
Distribute remaining assets — according to the will or state intestacy laws
Close the estate — file a final accounting with the court

How Long Does Probate Take?

In South Carolina, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While South Carolina does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Richland County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Richland County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Richland County Probate Court handles estate administration, estate and trust litigation, appointment of guardians and conservators, civil commitment, and issues marriage licenses. Estate records are filed from 1900 to the present time. Records from 1900 until 1982 can be viewed on the microfilm rolls. Records from 1983 through the present are scanned and can be viewed on the public computer.

Richland County