Probating a Full Estate

Items needed to open an estate:

  1. Last Will and Testament (If one exists) - The SC Probate Code of Laws requires that the ORIGINAL Last Will and Testament be delivered to the Probate Court within thirty (30) days of the decedent’s death.  

  2. Death Certificate - A copy of the death certificate must be filed with the court.

  3. Funeral Receipt- SC Law requires that the first debt of an estate that must be paid is the Funeral Expenses. Therefore, the court must have proof that these expenses have been satisfied.

  4. Form 300ES (found below)

  5. Information to Heirs and Proof of Delivery. (found below)- All heirs need to be notified (using this form) that the estate is opened.  Both the Information to Heirs and Proof of Delivery must be filed with the court. 

  6. Please provide all above info with $30.00 to the court via mail or personal delivery. 

 

Costs of Estate Administration:

  1. Notice to Creditors - The court publishes this notice in the The Calhoun Times Leader for the Personal Representative. The cost of publication is $30.00.

  2. Probate Fee - A filing fee is required, and is due within 90 days of opening the estate. This fee is based upon the value of the assets owned by the decedent (real and personal property). Below is the fee schedule:

    • 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 .0015  of the property valuation between $100,000.00 and $600,000.00

    • Property valuation of $600,000.00 and above---- $845.00 on the 1st $600,000.00, plus .0025 in                       excess of $600,000.00

  3. Deed of Distribution - This form is a very important document and must be completed according to the law if the decedent owned real estate.  We recommend that it be filed during the 8th month of probate. We highly recommend that you consult with an attorney to have this form completed. When this document is completed, it must be recorded in the Register of Deed's Office in the Courthouse in the county where the property is located. A certified copy should be filed in the probate court.  

Documents needed to open a FULL estate

These documents may be either brought to the courthouse or mailed to Calhoun County Probate Court- 902 FR Huff Drive- St. Matthews, SC 29135.
Once these completed documents are received, the court will contact you with further instructions.

Petition to Open a Full Estate  

(Form 300 ES)

Renunciation

If there is not a 'Will' naming a Personal Representative (PR) to handle the estate, then the family must agree on who the PR will be. 

This is the form that family members will have to sign to authorize one person to open the estate. 

Information to Heirs and Devisees

All heirs (everyone named in the Will/ anyone who stands to inherit if a Will does not exist) must have notice that the estate is being opened.  This form must be provided to each heir, and a Proof of Delivery filed with the court. 

Inventory and Appraisement

List of Decedent's Assets at the Time of Death. 
Due within 90 days of opening the estate, but very helpful to have in the beginning if you know the value of the assets.