South Carolina Probate Checklist — Complete Timeline and Filing Deadlines

South Carolina probate is a strictly chronological process with legally mandated deadlines at every stage. Missing a deadline does not just cause delays — it can result in a compliance summons before the Probate Judge, personal liability exposure, or rejection of closing documents. This checklist maps every required action in the correct order.

All timelines assume informal probate administration of an uncontested estate. Contested estates, insolvent estates, and formal probate proceedings have different requirements.

Before You Open the Estate

Before filing anything with the Probate Court, gather:

• The original Last Will and Testament — Courts require the original, not a photocopy. If only a copy exists, the estate may need to proceed through formal rather than informal probate.
• Certified death certificates — Order 6–8 copies. The South Carolina Department of Public Health charges $12 standard or $17 expedited, plus $3 per additional copy. Each institution (bank, DMV, Probate Court) requires its own original.
• Decedent's Social Security number — Required on Form 300ES.
• List of all heirs and devisees — Names, addresses, and relationship to the decedent.
• Preliminary estimate of estate value — Required on the filing fee calculation.

Will Filing Requirement

South Carolina law does not impose a strict deadline for filing a will with the Probate Court after death, but S.C. Code § 62-3-108 establishes a 10-year outer limit for commencing any probate proceeding. After 10 years, the law presumes the decedent died intestate regardless of any will that surfaces.

As a practical matter, file the will and open the estate promptly. Financial institutions freeze accounts and refuse to cooperate with family members until Fiduciary Letters are issued. Waiting creates unnecessary delays in accessing funds.

The Probate Timeline: Step by Step

Step 1: File for Appointment (No Hard Deadline, But File Promptly)

File Form 300ES (Application for Informal Probate and/or Appointment) with the Probate Court in the county where the decedent lived at death.

• Attach the original will (if one exists) and a certified death certificate
• Pay the filing fee (based on gross probate estate value per S.C. Code § 8-21-770(B))
• Submit any required Form 302ES (Renunciation of Right to Administration) from higher-priority individuals who are stepping aside

The court issues Fiduciary Letters and a Certificate of Appointment once the application is approved.

If a surety bond is required (common in intestate estates), arrange and post the bond before Letters are issued.

Step 2: Within 30 Days of Appointment — Notify Heirs

Deliver Form 305ES (Information to Heirs and Devisees) to:

• Every beneficiary named in the will
• Every heir entitled to inherit under intestate succession

Then file Form 120PC (Proof of Delivery) with the Probate Court — sworn before a notary — confirming who was notified, when, and how.

Step 3: Within 30 Days of Appointment — Open Estate Bank Account

Open a dedicated estate checking account in the estate's name (e.g., "Estate of [Decedent Name]"). All estate income, all receipts, and all estate disbursements should flow through this account. Commingling personal and estate funds is a fiduciary violation.

Step 4: The Probate Court Publishes Notice to Creditors

The Probate Court coordinates publication of a Notice to Creditors in a local newspaper of general circulation, once per week for three consecutive weeks. Publication cost ($85–$110+ depending on county) is charged to the estate.

This notice triggers the eight-month creditor claims window. Mark the date of first publication clearly — everything downstream depends on it.

Step 5: Within 90 Days of Appointment — File the Inventory

File Form 350ES (Inventory and Appraisement) with the Probate Court.

The inventory must:

• List every probate asset with its fair market value as of the date of death
• Cover all categories: real estate, accounts, vehicles, investments, personal property
• Exclude non-probate assets (joint accounts with survivorship, TOD accounts, trust assets, life insurance with named beneficiaries)

If you cannot complete the inventory within 90 days — due to complex assets like real estate appraisals or business valuations — file Form 352ES (Motion for Extension) before the deadline expires.

During Administration — Manage Creditor Claims

Creditors file claims using Form 371ES (Statement of Creditor's Claim), delivered to the Probate Court and to you.

If you dispute a claim, issue a Form 372ES (Notice of Allowance/Disallowance) and file proof of delivery with the court.

Do not pay any creditors in violation of South Carolina's statutory hierarchy (S.C. Code § 62-3-805). The payment order:

1. Administration expenses and attorney fees
2. Federal tax preferences
3. Medical/hospital expenses of last illness and Medicaid recovery claims
4. State tax preferences
5. All other general creditor claims

Paying a lower-tier creditor before a higher-tier creditor triggers personal liability for the shortfall.

Step 6: File Exempt Property Claim if Applicable — Within 8 Months of Death

If there is a surviving spouse or minor/dependent children, file Form 435ES (Exempt Property Claim) within eight months of the decedent's death. This secures up to $45,000 in household furniture, vehicles, and personal effects for the surviving spouse — ahead of virtually all unsecured creditors.

Missing this deadline waives the right permanently.

Step 7: Eight Months After First Publication — Creditor Window Closes

Once eight months from the date of first newspaper publication have elapsed, the creditor claims window closes. Creditors who did not file within this window are generally barred from the estate.

This is the earliest point at which distribution to beneficiaries can safely begin for most estates.

Step 8: Close the Estate

Three closing paths are available:

Simplified (Form 421ES): If the estate is under $45,000 or the personal representative is the sole heir, file a Verified Statement to Close Estate.

Waiver-based (Form 364ES + Form 412ES): If all beneficiaries sign waivers of statutory filing requirements, file the waivers plus an Application for Settlement.

Full accounting (Form 361ES + Form 410ES + Form 412ES + Form 416ES): Prepare a complete Final Accounting and Proposal for Distribution. Serve a Notice of Right to Demand Hearing on all beneficiaries. Wait for the 30-day objection window to expire, then the court issues a discharge order.

Step 9: Transfer Real Estate and Vehicles

Real estate: Execute and record a Deed of Distribution (Form 400ES) at the county Register of Deeds where the property sits. Attach an Affidavit of Exemption to claim the deed transfer tax exemption under S.C. Code § 12-24-40. Recording fee is approximately $15.

Vehicles: Use DMV Form 400 with the Certificate of Appointment, plus a $15 transfer fee, to retitle vehicles through the estate. Vehicles with a TOD-1 designation transfer automatically outside probate.

A Note on County Variation

South Carolina's 46 county Probate Courts follow the same statutory rules but have their own administrative preferences for form submission, publication arrangements, and scheduling. Some counties accept electronic filings; others require in-person appearances for specific steps. Confirm local procedures with your specific county court before filing.

For a fully detailed operational guide — with plain-language instructions for every form, the complete creditor hierarchy, decision trees for small estates, and closing procedures — the South Carolina Probate Process Guide at /us/south-carolina/probate/ provides the step-by-step companion to this checklist.

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