First, make sure it’s Dorchester County
South Carolina opens an estate in the county where the person made their permanent home. Where the children live doesn’t change it, and neither does where the house sits.
Summerville makes this harder than most towns, because parts of it sit outside Dorchester County. Before you assume the court, look at the county printed on the person’s last property tax bill or voter registration card. If it’s still unclear, tell us the street address when you call and we’ll work it out with you.
The Dorchester County Probate Court
The court isn’t in Summerville. It’s at the county complex at 5200 E. Jim Bilton Blvd., St. George, SC 29477. Besides estates, the same court handles guardianships, conservatorships, trusts and marriage licenses, so the counter is busy. Call ahead before you drive up, and check the court’s current hours and contact details.
The court’s staff can tell you which form applies. They can’t give legal advice about your family’s estate.
You were named executor: the order things happen
South Carolina’s Probate Code calls the person in charge the personal representative. Most people say executor. Same job. Here’s the usual order for an estate that goes through full administration.
Get the original will to the court.
Whoever holds the signed original has a short deadline under South Carolina law to deliver it once they learn of the death. A copy won’t do.
Apply to be appointed.
The application is the court’s Form 300ES, filed with the original will. It lists the date of death, the county, and the names and addresses of the spouse, children and others who inherit. Most estates start with the simpler informal process. If someone contests the will or who should serve, it becomes a formal proceeding, and that can mean a hearing in front of the probate judge.
Receive letters of appointment.
Until the court appoints you and issues letters, you don’t have the legal authority to act for the estate. Banks, insurers and the county tax office will ask to see them.
List what the estate owns.
The personal representative files an inventory and appraisement (Form 350ES) within the time South Carolina law sets. It values property as of the date of death. The court can extend the deadline if you ask.
Give notice to creditors.
A notice runs in a local newspaper for the period the court requires (Form 370ES). Creditors then have a limited window, set by statute, to present claims.
Pay valid claims, then distribute.
Once the window closes, the estate pays the claims and expenses it owes. What’s left goes to the people named in the will, or to the heirs under South Carolina law if there’s no will.
Close the estate.
A final accounting and a proposal for distribution go to the court and to the people who inherit. When everyone agrees, parts of this can be waived.
The court publishes its forms on the South Carolina Judicial Branch forms page.
What can wait, and what shouldn’t
Grief makes everything feel urgent. Most of it isn’t. Some of it is.
This can wait until someone is appointed
- Selling the house, or deciding who keeps it.
- Dividing money, furniture or the car, even if the family agrees.
- Paying the estate’s bills out of your own pocket.
Acting early on any of those can create problems that take longer to undo than to avoid.
This shouldn’t wait
- Finding the original will and getting it to the court.
- Locking the house and telling the homeowner’s insurer that nobody lives there now.
- Saving every piece of mail addressed to the person who died.
What happens to the family house
The house is usually the hardest part. Under South Carolina law, it passes at death to the people named in the will, or to the heirs if there’s no will. It stays subject to the estate’s administration until debts and claims are settled. The personal representative can leave the house with the family member who’ll inherit it, or take control of it when the estate needs that.
Selling it is a separate question. A personal representative can sell real estate only if the will gives that power or the court approves a sale. So nobody should list the house or sign a deed before appointment.
Then come the family questions. One sibling wants to keep the house, another wants it sold, and the deed may still carry a grandparent’s name. Some Dorchester County land has passed down for generations without a will or a probate case, owned by many relatives at once. We prepare the deeds and handle the legal side of keeping or selling inherited property, including family land like that. If it’s sold, the closing itself is handled by a closing attorney, not by us.
How long does probate take in South Carolina?
There’s no fixed timeline. The creditor window alone takes months, and the estate can’t be settled until it has closed and any disputed claims are resolved. Selling a house, finding a missing heir or settling a family disagreement adds time. A simple estate with the paperwork in order moves faster than one where nobody can find the will.
How the fee works
Probate is a flat fee with us. Before any work begins, you get a written fee or scope letter that sets out the fee and what it covers, so you know the cost before you agree to anything. Court and filing expenses are additional to the fee.
The fee depends on the work your estate needs, so we set it after the first meeting. That meeting is a paid meeting with Justin Montgomery or Tiffany Lumpkin. You’ll leave it knowing the next step for the estate and whether we can take it on. Book a first meeting.
What to bring:
- The original will, if you’ve found it.
- The death certificate.
- Anything you’ve received from the probate court.
- The deed or a recent tax bill for the house.
- A rough list of bank accounts and debts.
A missing paper won’t stop the meeting. Our attorneys do much of their work remotely, so if you live out of town, ask about meeting without the drive.
Questions families ask about Dorchester County probate
How long do you have to file probate after death in SC?
Two clocks matter. The original will has to reach the probate court soon after the death, under a short deadline in South Carolina law. Separately, the law sets an outer limit for opening most estates, with narrow exceptions. Don’t plan around the outer limit. Creditor deadlines and the house both push you to start in the first weeks.
What happens if you don’t file probate in SC?
Property that needs probate stays stuck in the name of the person who died. Nobody has the authority to sell the house, close an account or sign a deed for the estate. Over generations, that’s how family land ends up owned by dozens of relatives with no clear title.
Who determines if probate is necessary?
It depends on what the person owned and how it was titled. Accounts with a named beneficiary, and property owned jointly with survivorship, usually pass outside probate. South Carolina also has a simpler affidavit for some smaller estates, with a limit set by statute. That affidavit covers money and belongings, not a house. We check which route fits at the first meeting.
Is South Carolina probate difficult?
A simple estate with a clear will and no disputes usually follows a routine path. It gets harder when the will is missing, the family disagrees, someone contests who should serve, or the estate includes land with unclear title.
When should you hire a probate attorney?
You don’t have to. A family member can serve without a lawyer, and some do for simple estates. It’s worth calling early if there’s a house, family land, a disagreement, debts that may exceed what the estate owns, or property in North Carolina as well.
Get the next step for the estate
Book a first meeting, or call 980-243-4470. We answer Monday to Thursday, 9:00 a.m. to 4:00 p.m., and Friday, 9:00 a.m. to 2:30 p.m.
Our South Carolina attorneys, Justin Montgomery and Tiffany Lumpkin, do this probate work from our Summerville office at 201 Sigma Drive, Suite 300, Summerville, SC 29486. For estates in other parts of the state, start with our probate overview. Planning ahead for your own family? See estate planning.
Responsible attorneys: Justin Montgomery and Tiffany Lumpkin, 201 Sigma Drive, Suite 300, Summerville, SC 29486.