Q: What estate planning documents should I have?
A: Everyone should consider a Last Will and Testament, Durable Power of Attorney, Health
Care Power of Attorney and Declaration of a Desire for a Natural Death (or Living Will).
Q: In South Carolina, how is the property of a deceased citizen distributed if there is no will?
A: If one dies without a will, the laws of intestate succession control probate property.
Generally, the property passes in accordance with the deceased's family tree (unless there
are non-probate transfers).
Q: What is required for one to apply for a marriage license in this state?
A: A person must be at least 18 years of age or have parental consent. The license is
normally issued following the mandatory 24-hour waiting period once the application is filed
and after the $40.00 cash fee is paid.
Q: What are the requirements for having a legal will?
A: The document must be in writing, signed by the testator, who is at least 18 years old. You
must also have two witnesses, who are not beneficiaries of the will. You should consult a
Probate Attorney.
Q: Where are you located?
A: We are located at 101 Ridge Street in St. George, SC. We are in the Dorchester County
Courthouse, ground floor.
Q: Is there an estate open?
A: You can call or come in at any time to find out if we have an estate open.
Q: What is your mailing address?
A: 101 Ridge Street in St. George, SC 29477
Q: What is your direct phone number?
A: You can reach our
-
Administrative Division
843-563-0105 (St. George) or
843-832-0105 (Summerville) -
Estate Division
843-563-0136 (St. George)
843-832-0136 (Summerville)
Estate Division Fax
843-563-0222 (St. George) or
843-832-0222 (Summerville)
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Therapeutic Division (includes conservator/guardian/mental health & alcohol & drug commitments)
843-563-0104 (St. George)
Therapeutic Division Fax Number
843-563-0245 (St. George)
Therapeutic Division (includes conservator/guardian/mental health & alcohol & drug commitments)
843-832-0104 (Summerville)
Therapeutic Division Fax Number
843-832-0245 (Summerville) -
Marriage License Division
843-563-0253 (St. George)
843-832-0253 (Summerville)
Q: What is the direct number to call my estate clerk?
A: You can at any time call our receptionist at 843-563-0136 (St. George) or 843-832-0136
(Summerville) to get the direct phone number for the estate clerk assigned to your particular
estate.
Q: Can you send me the paper work?
A: Yes, you can contact our receptionist at 843-563-0136 (St. George) or 843-832-0136
(Summerville). She will be more than happy to mail you our packet of information.
Q: What is the difference in a regular estate and a small estate?
A: A regular estate is when the decedent owned real estate or had assets valued at more
than ten thousand dollars. A small estate is when the decedent owned no real estate and
the total assets are valued at less than ten thousand dollars.
Q: How can I be appointed as the power of attorney for someone?
A: You will need to contact an attorney for the proper documents to be drafted. Please refer
to the list of Estate Planning Attorneys.
Q: Do I need an appointment to open an estate?
A: No, we will be glad to try and assist you at your convenience, however, it is always best
to schedule an appointment ahead of time so that you do not have to wait. You can contact
the receptionist at 843-563-0136 (St. George) or 843-832-0136 (Summerville) to schedule
your appointment and receive the necessary paperwork to fill out ahead of time.
Q: Are Probate records available for the public to review?
A: Yes, you can view Probate records in the Marriage License office located at 101 Ridge
Street in St. George, SC. We are in the Dorchester County Courthouse, ground floor.
Q: Does it cost to file a claim?
A: No, there is no fee to file a claim, although you will need to make sure that the estate has
been opened in our office in order to file your claim.
Q: How much does it cost to open an estate?
A: The fee to start full probate is always $25.00. The fee to begin a conservatorship or
guardianship is $25.00 ($50.00 if they need to do both conservator and guardian). If paying
by check, those funds should be payable to "Dorchester County Probate Court". Please refer
to Probate Filing Fee Schedule.
Q: What is probate for?
A: Probate is to transfer assets out of the decedent's name to the proper heirs.
Q: What is the process?
A: This process varies according to the decedent's date of death, what the value of the
estate is and whether or not the matter is contested. Each situation is unique. Your individual
situation is best discussed with your attorney.
Q: What are the fees to Probate an estate?
A: Probate fees vary according to the value of the estate. Please refer to the fee schedule
for assistance in calculating the fees.
Q: What are the fees for?
A: There is an initial filing fee required by state law that is payable to the county to assist in
administration costs. Any remaining court costs will be billed after the submission of the
inventory.
Q: How long does it usually take to be appointed as a personal representative?
A: We try to issue the appointment within three to five business days, however, if you need
an appointment sooner, we will be glad to try and accommodate you.
Q: How long does it take to probate the estate?
A: A regular estate will take at least eight months because that is the time period that an
estate must stay open for creditor's claims, by state law. You should probably allow at least
a year for an untaxable and uncontested estate to close. A small estate will be administered
within 1 week to 10 days but cannot be filed until thirty days after the date of death.
Q: I just had a will drawn up; can I file it in your office?
A: A will is not filed in our office until the person is deceased.
Q: Do I have to obtain an attorney in order to probate an estate?
A: We do not require you to obtain an attorney, but we do advise that an attorney is always
helpful because probate can be a very confusing and complicated process.
Q: Is there very much paper work involved?
A: There are several forms that are required. Your estate clerk can explain the process but
will not be able to advise you as to how to fill the form out.
Q: Do life insurance policies that are payable to beneficiary have to go through Probate?
A: Life insurance policies payable to a beneficiary must be reported on your Inventory and
Appraisement but are not calculated in when calculating filing fees. The transfer of that
asset should be dealt with by the beneficiary of the policy and the company or agency
providing the benefit.
Q: Do I have to type the information on the forms?
A: It is always helpful to have the form typed or printed on the computer but it is not required.
Q: Can you fax me the forms?
A: Yes, we can fax the forms to you or you can download the form that you need from our
web site. You will however, need to mail or hand deliver the documents to Probate Court as
we must have the original signatures.
Q: Do I have to publish the decedent's death in the paper?
A: This Court provides the form for the Personal Representative to submit to the newspaper.
The PR is responsible for payment directly to the paper and for submitting the form to the
paper. This Court uses either the Dorchester Eagle Record (for decedents who lived on the north end of the county) or the Summerville Journal Scene (for decedents who lived on the
south end of the county).
Q: What paper will it be published in?
A: This Court provides the form for the Personal Representative to submit to the newspaper.
The PR is responsible for payment directly to the paper and for submitting the form to the
paper. This Court uses either the Dorchester Eagle Record (for decedents who lived on the
north end of the county) or the Summerville Journal Scene (for decedents who lived on the
south end of the county).
Q: How long do creditors have to file a claim?
A: Eight months from the first date of publication or one year from the date of death.
Q: Where can I get a copy of a deed?
A: The Register of Deeds Office for the county in which the property is located maintains
recorded deeds. There will be a cost involved to obtain a copy.
Q: I need a certificate from probate; what is that and how can I get that?
A: A certificate is a Certificate of Appointment. This certifies whom the Probate Court has
appointed as personal representative of the estate. Certificates are issued when the estate
is opened. Additional copies can be made available.
Q: Do I have to open an estate account?
A: You will need to open an estate account for assets of the estate. These funds should not
be commingled into any other account until a distribution of the assets occurs. The estate
account should always be interest bearing and you should request your canceled checks to
be returned or request carbon copy checks.
Q: Can I pay the decedent's bills now or do I need to wait until I am appointed as personal
representative?
A: It is best to wait until you meet with the estate clerk for advice on how to go about paying
bills.