ProbateUS
Probate Court

Williamsburg County

South Carolina

843-355-9321

Court Location & Contact

Address

147 W. Main Street, Kingstree, SC 29556

Fax

843-213-6997

Visit Official Court Website

Filing Fees

Williamsburg County, South Carolina

Fee TypeAmount
Property valuation less than $5,000.00$25.00
Property valuation of $5,000.00 but less than $20,000.00$45.00
Property valuation of $20,000.00 but less than $60,000.00$67.50
Property valuation of $60,000.00 but less than $100,000.00$95.00
Property valuation of $100,000.00 but less than $600,000.00$95.00 plus .15 percent of the property valuation between $100,000.00 and $600,000.00
Property valuation of $600,000.00 or higheramount set forth in (5) above plus one-fourth of one percent of the property valuation above $600,000.00

Judges & Officers

BF
Betty F. Matthews

Probate Guide

Probate in Williamsburg County, South Carolina

The Williamsburg 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 Williamsburg 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 Williamsburg County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Williamsburg County Probate Court to open probate

  3. Notify heirs and creditors as required by South Carolina law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. 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 Williamsburg County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Williamsburg 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

Currently, there is no online access to estates and marriage license records. The Probate Court is open to the public for all probate needs, questions, and concerns. In-person servicing is available by appointment via telephone, online or written requests.

Office Hours

Monday-Friday8:00 AM - 4:30 PM

FAQ

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

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

How much does probate cost in Williamsburg County?

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

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.

Can I avoid probate?

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 Williamsburg 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 Williamsburg County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

ACTEC Fellows in South Carolina

Andrew Chandler

Evans, Carter, Kunes & Bennett, P.A.

Charleston

Charitable PlanningGeneral Trust & Estate+2

Anne Kelley Russell

Womble Bond Dickinson (US) LLP

Charleston

Conservatorships/GuardianshipsFiduciary Income Tax Planning+1

Daniel (Dan) Collins

Collins & Collins, P.A.

Greenville

General Trust & EstateAsset Protection+1

David (Dave) Merline

Merline & Meacham, P.A.

Greenville

General Trust & EstateBusiness Planning+1

David (Dave) Sojourner

Sojourner, Caughman & Thomas, LLC

Columbia

View all South Carolina attorneys →