Charleston, SC Probate Attorneys

The Charleston County Probate Court handles roughly 2,200 estates per year, more than nearly any other probate court in South Carolina. The volume reflects the Lowcountry’s growing retirement population in Mount Pleasant, Daniel Island, Kiawah Island, and James Island, the high concentration of vacation homes held by out-of-state owners, and the historic family land that still passes through Sea Island estates. Each of those factors creates its own probate complications.

Probate in South Carolina is governed by Title 62 of the South Carolina Code. The procedure looks similar across the state’s 46 counties, but the practical experience of administering an estate in Charleston is shaped by the local court’s caseload, the EZ-Filing pilot program, and the property mix unique to the Lowcountry.

At De Bruin Law Firm, we represent South Carolina families across the state, including in Charleston County, on probate, estate planning, and real estate matters. Our attorneys handle estate administration, will contests, small estate affidavits, ancillary probate, and trust matters connected to Charleston County estates.

What Does a Probate Attorney Do in Charleston, SC?

A Charleston probate attorney represents personal representatives, beneficiaries, and other interested persons through the South Carolina probate process. The work includes opening the estate at the Charleston County Probate Court, inventorying assets, handling creditor claims, advising on tax obligations, distributing property, and resolving disputes among heirs or beneficiaries when they arise.

A probate attorney works in three distinct lanes. The first is administration counsel — representing the personal representative who is responsible for opening, managing, and closing the estate. The second is beneficiary counsel — representing heirs or devisees who want to confirm their rights and ensure proper administration. The third is litigation counsel — representing any interested party in a contested matter, whether it’s a will contest, an accounting dispute, or a removal proceeding.

South Carolina law does not strictly require a personal representative to hire an attorney. For a simple estate with one or two heirs and only a bank account or two, self-representation may be workable. Once the estate involves real estate, business interests, contested issues, or out-of-state assets, attorney involvement becomes practically necessary.

Typical attorney roles in a probate matter include:

• Preparing and filing the application to open the estate, including the petition, oath, and bond.
• Advising the personal representative on fiduciary duties, recordkeeping, and creditor handling.
• Drafting and filing the inventory, accounting, and closing documents.
• Representing the personal representative or beneficiaries in contested matters before the Probate Court.

What Types of Probate Cases Do We Handle for Charleston County Families?

Our attorneys represent South Carolina families across the full range of probate matters, including informal estate administration, formal contested proceedings, will contests, intestate estates, small estate affidavits, ancillary administration for out-of-state decedents with Charleston property, heirs’ property, and trust administration that runs alongside probate. Each carries its own procedure and timeline.

The case mix in Charleston County reflects the area’s demographic and geographic realities.

• Estate administration (formal and informal). Standard probate work for testate and intestate estates, from opening at 84 Broad Street through final accounting and distribution.
• Will contests and probate litigation. Disputes over testamentary capacity, undue influence, execution, or fraud often require formal proceedings and discovery.
• Heirs’ property and Sea Island land. Tangled title issues are common on Johns Island, James Island, Wadmalaw, and Edisto, where parcels held in family ownership for generations now sit under the Clementa C. Pinckney Uniform Partition of Heirs’ Property Act.
• Small estate affidavits. The Form 420ES procedure for personal property estates of $25,000 or less, available 30 days after death.
• Ancillary probate. Out-of-state decedents who owned a Mount Pleasant condo, a Kiawah Island villa, a Seabrook Island home, or a Folly Beach rental.

Trust administration often runs alongside probate when a decedent had a revocable living trust holding most of their assets and a pour-over will catching the rest.

How Does the South Carolina Probate Process Work?

South Carolina probate begins when the personal representative files an application with the Probate Court in the county of the decedent’s domicile. The court issues Letters of Administration, the personal representative inventories assets within 90 days, publishes notice to creditors, pays valid claims, and distributes the remaining estate to heirs or beneficiaries.

The lifecycle of a typical Charleston County estate follows a predictable sequence under Title 62 of the South Carolina Code.

1. File the application to open the estate, along with the death certificate and original will if one exists.
2. The Probate Court issues Letters Testamentary or Letters of Administration appointing the personal representative.
3. Send written notice to heirs and devisees within 30 days under Section 62-3-306, and publish notice to creditors once a week for three successive weeks under Section 62-3-705.
4. Inventory and appraise estate assets within 90 days of appointment under Section 62-3-706.
5. Pay valid creditor claims after the eight-month claim period under Section 62-3-801, plus any final tax obligations.
6. File the final accounting, deed of distribution, and closing documents, then distribute the remaining estate to heirs or beneficiaries.

Each step has its own paperwork and its own deadlines, and missing a deadline can extend the timeline significantly or expose the personal representative to personal liability.

What’s the Difference Between Informal and Formal Probate in South Carolina?

Informal probate is the default South Carolina path for uncontested estates, commenced by application without notice and not subject to the Rules of Civil Procedure. Formal probate involves a summons and petition, full notice to interested persons, and proceedings governed by the Rules of Civil Procedure. Most estates start informally and convert if disputes arise.

The distinction is set out in Section 62-1-201 of the Probate Code. Informal proceedings are commenced by application, conducted without notice to interested persons, and not governed by the South Carolina Rules of Civil Procedure. The vast majority of Charleston County estates run through informal probate.

Formal proceedings are commenced by summons and petition, require notice to all interested persons, and are governed by the Rules of Civil Procedure that apply to circuit court litigation. They are the right path when there is a contested issue — multiple competing wills, ambiguous testamentary language, missing original wills, allegations of undue influence, or a demand for notice from any interested person.

Comparison at a glance:

• Informal: application. Formal: summons and petition.
• Informal: none required to start. Formal: full notice to all interested persons.
• Governing rules. Informal: probate procedure only. Formal: South Carolina Rules of Civil Procedure.
• An estate can move from informal to formal mid-administration if a dispute develops.

When Does an Estate Need a Will Contest or Other Probate Litigation?

Will contests in South Carolina typically allege lack of testamentary capacity, undue influence, fraud, duress, or improper execution. Other probate litigation includes accounting disputes, breach of fiduciary duty claims against personal representatives, removal proceedings, and disputes over heirs’ property partition. Litigation is filed as a formal proceeding under Section 62-3-401.

The grounds for a will contest are well-defined under South Carolina law. The contestant has the burden of proof on most grounds, but in confidential-relationship cases (for example, a child who managed an elderly parent’s finances and then benefited unusually under a late-life will revision) the burden can shift to the will’s proponent.

Common litigation triggers in Charleston County estates include:

• A late-in-life will revision that significantly disinherits long-standing beneficiaries.
• A personal representative who fails to file an inventory, accounting, or distributions on time.
• Allegations of self-dealing or favored treatment among beneficiaries.
• Disputes over heirs’ property where some cotenants want to sell, and others want to keep the land.
• Ambiguous or contradictory provisions in a will, codicil, or amendment.

The leading South Carolina case on undue influence in modern will contests is Gunnells v. Harkness, decided by the South Carolina Court of Appeals in April 2020. Burdens of proof in contested cases are governed by Section 62-3-407.

How Are Personal Representatives Compensated in South Carolina?

South Carolina caps personal representative compensation at five percent of the estate’s personal property, plus five percent of any real estate sales proceeds, plus up to five percent of estate income. The statutory minimum is fifty dollars. A will may direct different compensation, and the personal representative may renounce the fee in writing.

The compensation rules sit in Section 62-3-719. The statute creates a maximum, not a guaranteed amount. The Probate Court has the authority to adjust the fee if it determines the personal representative acted unreasonably or caused unreasonable delay.

How compensation actually works in a Charleston County estate:

• Personal property. Up to 5% of the appraised value of bank accounts, investments, vehicles, household goods, and other personal property.
• Real estate sales. Up to 5% of the proceeds from real property sold under the authority of the will or court order.
• Up to 5% of any income the estate earns during administration.
• Will overrides statute. When a will provides for “reasonable compensation” or specifies a different amount, that controls.

Personal representatives may also recover reasonable attorney fees and necessary expenses under Section 62-3-720 for proceedings brought or defended in good faith. Those reimbursements come out of the estate and are separate from the statutory commission.

What Does a Charleston Probate Case Actually Cost?

A typical Charleston County probate case involves court filing fees of $25 to $95 to open the estate, a $40 to $120 creditor publication fee, the EZ-Filing convenience fee of $7 per filing, attorney fees billed hourly or as a flat fee depending on complexity, and personal representative compensation paid from the estate.

Cost transparency matters because probate fees are not always obvious to families opening their first estate. The total cost depends on whether the estate is contested, whether real estate must be sold, and whether tax filings are required.

A typical cost breakdown:

• Court filing fees. $25 to $95 to open the estate, scaled to the value of probate assets, plus a $40 to $120 creditor publication fee. Formal petitions accompanied by a summons add a $150 fee.
• EZ-Filing convenience fee. $7 per filing through the Charleston County Probate Court’s electronic filing system.
• Attorney fees. Often billed hourly for ongoing administration, or as a flat fee for limited-scope services like opening the estate or preparing a small estate affidavit. Contested matters and litigation are billed hourly.
• Personal representative commission. Up to the statutory cap under Section 62-3-719, paid from the estate before final distribution.

A simple uncontested estate often runs a few thousand dollars in legal fees; contested matters and probate litigation can run substantially higher.

How Long Does Probate Take in Charleston County?

Most uncontested Charleston County estates close in eight to twelve months from the date the personal representative is appointed. The eight-month creditor claim period under Section 62-3-801 sets the practical floor. Contested matters, ancillary administration, and complex tax filings can extend the timeline to two years or longer.

The eight-month creditor claim period is the immovable element of the timeline. From the date the first notice to creditors is published, claimants have eight months to file written claims against the estate. The personal representative cannot safely close the estate or distribute remaining assets until that window expires.

What slows a Charleston County estate down beyond the eight-month floor:

• Contested probate. Will contests, accounting disputes, or removal proceedings.
• Real estate sales. Marketing, contracts, and closing on Charleston-area property — particularly waterfront homes on Kiawah Island, Seabrook Island, or Daniel Island — can take six months or more.
• Federal estate tax filings. Estates exceeding the federal exemption require Form 706, due nine months after death, with an automatic six-month extension available.
• Ancillary administration. Out-of-state proceedings for decedents with property in another state alongside Charleston County assets.
• Heirs’ property and tangled title. Quiet title work that must be completed before any property transfer.

Talk to a South Carolina Probate Attorney About Your Charleston County Estate

Probate is one of the more procedurally demanding areas of law that ordinary families encounter, and Charleston County’s caseload, geography, and property mix add their own layer of complexity. The right counsel can shorten the timeline, reduce the cost, and prevent the personal liability exposure that comes with mishandled fiduciary duties.

At De Bruin Law Firm, we represent South Carolina families across the state, including in the Charleston County Probate Court. Our attorneys handle estates for families in Mount Pleasant, Daniel Island, Kiawah Island, Seabrook Island, James Island, Johns Island, West Ashley, Folly Beach, Sullivan’s Island, Isle of Palms, and the surrounding Lowcountry, working through the EZ-Filing system and traveling to 84 Broad Street when in-person hearings require it.

To schedule a consultation, call our office at (864) 982-5930 or use the contact form on our website. There is no charge for the initial conversation.

Frequently Asked Questions (FAQs)

Do I need an attorney to probate an estate in Charleston County?

South Carolina does not require a personal representative to be represented, but most estates that include real estate, business interests, or contested issues benefit from counsel. Self-representation is workable for very small uncontested estates with a single account or two, but the risk of personal liability for the personal representative grows quickly with complexity.

Where is the Charleston County Probate Court located?

The Estate Division is at the Historic Courthouse, 84 Broad Street, Third Floor, in downtown Charleston. The Charleston County Judicial Building at 100 Broad Street, Suite 469, handles guardianship, conservatorship, and marriage licenses.

How is the executor’s fee calculated in South Carolina?

Up to 5% of personal property plus 5% of real estate sales plus up to 5% of estate income, with a $50 minimum, unless the will directs otherwise. The Probate Court has authority to reduce the fee if the personal representative acted unreasonably or caused unreasonable delay.

What is the difference between an executor and a personal representative in South Carolina?

None functionally; “personal representative” is the term used by South Carolina statute, and it covers both executors named in a will and administrators appointed in intestate cases. Older wills sometimes use “executor” and “executrix”; modern South Carolina forms and Title 62 use “personal representative” exclusively.

Can I avoid probate entirely on my Charleston-area home?

Yes, with proper planning — joint tenancy with right of survivorship, transfer-on-death designations where applicable, or a revocable living trust can keep specific assets outside probate. The right approach depends on the property type, ownership history, and the family’s broader estate planning goals.

What is a small estate affidavit, and when can I use one?

Form 420ES is available 30 days after death for personal property estates of $25,000 or less after liens and encumbrances. The affidavit allows the collection of personal property without opening a full probate case, but it cannot be used to transfer real estate.