Courts

Chester County Probate Court

The Probate Court has jurisdiction over the probate of estates, issuing marriage licenses and marriage certificates, appointing and supervising guardians and conservators, approving minor and wrongful death settlements, and issuing Orders of Detention for alcohol/drug abuse and/or mental illness.

On This Page

  • Hours

    8:30 AM to 5:00 PM
    Monday - Friday

  • Location Address

    1476 J.A. Cochran Bypass
    Chester, SC 29706

  • Mailing Address

    PO Box 580
    Chester, SC 29706

  • Phone

    (803) 385-2604

  • Fax

    (855) 932-9283

Probate of Estates

Probate of an estate is the process of transferring property of a deceased person into the names of the heirs or devisees. Probate takes a minimum of nine months to complete. State law requires that a will be filed for probate within 30 days from the date of death. If there is no will, the heirs are determined by state law.

  • 9 Months
    Minimum of 9 months to complete probate for an estate
  • 30 Days
    Wills must be filed for probate within 30 days from the date of death

APPOINTMENTS REQUIRED FORAll Estate Matters

Chester County Probate Court requires an appointment for all estate matters.
Please limit your party to two (2) people per appointment.
Make an appointment

Estate Opening & Filing Packets

Estate Forms

Adobe Word Form # Category Form Name
PDF DOC 111 ES D Demand for Notice in an Estate
PDF DOC 111 ES W Waiver for Notice in an Estate
PDF DOC 113 ES Demand for Hearing (Estates Only)
PDF DOC 120 PC Proof of Delivery
PDF DOC 300 ES Probate Application/Petition
PDF DOC 302 ES Renunciation of Right to Administration and/or Nomination and/or Waiver of Bond
PDF DOC 305 ES Information to Heirs and Devisees
PDF DOC 325 ES Release/Satisfaction of Claim
PDF DOC 327 ES Demand for Non-Probate Property Inventory
PDF DOC 329 ES Application for Sale of Personal Property
PDF DOC 330 ES Application for Restraint or Performance of Personal Representative
PDF DOC 331 ES Petition for Removal of Personal Representative
PDF DOC 332 ES Application/Petition for Appointment of Special Administrator
PDF DOC 333 ES Application/Petition for Successor Personal Representative
PDF DOC 334 ES Application/ Petition for Subsequent Administration
PDF DOC 335 ES Statement of Resignation
PDF DOC 337 ES Application for Settlement & Accounting of Subsequent Administration
PDF DOC 344 ES Waiver of Bond
PDF DOC 350LF ES Inventory and Appraisement - Long Form
PDF DOC 350SF ES Inventory and Appraisement - Short Form
PDF DOC 350SQA ES Subsequent Administration Inventory
PDF DOC 352 ES Motion for Extension
PDF DOC 361 ES Accounting
PDF DOC 364 ES Waiver of Filing Requirments
PDF DOC 365 ES Waiver of Statutory Requirements and Beneficiary Receipt/Release
PDF DOC 371 ES Statement of Creditor's Claim
PDF DOC 372 ES Notice of Allowance / Disallowance of Claim
PDF DOC 373 ES P Petition for Allowance of Creditor Claim
PDF DOC 400 ES Deed of Distribution
PDF DOC 403 ES Receipt and Release with Waiver
PDF DOC 404 ES Petition for Elective Share
PDF DOC 410 ES Proposal for Distribution
PDF DOC 412 ES Application for Settlement
PDF DOC 416 ES Notice of Right to Demand Hearing
PDF DOC 420 ES Affidavit for Collection of Personal Property Pursuant to Small Estate Proceedings
PDF DOC 421 ES Verified Statement to Close Estate
PDF DOC 430 ES Petition for Sale of Real Property
PDF DOC 445 ES Affidavit of Heirs

Filing Fees

Size of Regular Estate

Filing Fees

$0 to $4,999

$25.00

$5,000 to $19,999

$45.00

$20,000 to $59,999

$67.50

$60,000 to $99,999

$95.00

$100,000 to $599,999

$95.00 plus .15 percent in excess of $100,000

$600,000 and above

$845.00 on the 1st $600,000 plus .25 percent in excess of $600,000

Size of Small Estate

Filing Fees

Less than or Equal to $100.00

$12.50

$101.00 to $4,999.99

$25.00

$5,000.00 to $19,999.99

$45.00

$20.000.00 to $25,000.00

$67.50

Additional Filing Fees

Copies per page

$.50

Filing Demand for Notice

$5.00

Issuing Certified Copies

$5.00

Filing Conservatorship Accounting

$10.00

Certifying Appeal Record

$10.00

Probated Will Filing Fee

$10.00

Order Issued without a hearing

$15.00

Issuing Exemplified/Authenticated Copies

$20.00

Recording Authenticated or Certified Copies

$20.00

Reopening Closed Estates

$22.50

Application/Petition for Special Administrator

$22.50

Application for Successor Personal Representative

$22.50

Advertising Fee for Notice to Creditors (required by state law)

$81.00

Any Summons and Complaint or Petition

$150.00

IN PERSON Marriage Licenses

In-Person Marriage License applications are processed:

Monday - Friday
8:30 am - 4:00 pm

* NO Appointment needed to apply for Marriage Licenses; however, both parties are required to be present

  • $45 Filing Fee
    In-Person Marriage License applications
  • $5 Fee
    Marriage Certificate copies

In PersonApplication Only

To apply for a Marriage License in Chester County, both parties must apply in-person.
Questions?: Call (803) 385-2604

All Applicants must present the following documentation:

  • Valid Driver's License OR
  • Valid State issued Identification Card OR
  • Current military identification card; AND
  • Social Security Card; AND
  • Filing fee of $45.00 (CASH OR CREDIT CARD ONLY)

General Information Regarding Marriage Licenses in South Carolina

  • State law requires that anyone applying for a marriage license must have legal identification and a Social Security card.
  • Applicants under the age of 18 must have parent's consent; however, no one under the age of 16 can apply for a marriage license.
  • There is a mandatory 24-hour waiting period from the time you apply until the license can be issued.
  • The license can only be used in South Carolina.
  • After the marriage ceremony, the license is to be returned to our office.

PROBATE OF Guardians and Conservators

When an individual adult (aged 18+) is unable to make their own decisions due to incapacity, a court-appointed guardian or conservator may be necessary. This process is essential for ensuring the well-being and protection of individuals who may be incapacitated due to age, illness, or disability.

GUARDIANSHIPS FOR MINORS Are Filed In Family Court

Guardianship proceedings for minors (under the age 18) are filed with Family Court.
Guardianships for Minors

Guardianship + Conservatorship Filing Packets

Guardianships and Conservatorships Forms

Adobe Word Form # Category Form Name
PDF DOC 510 GC Demand for Notice of Hearing in a Guardianship, Conservatorship, or Protective Proceeding
PDF DOC 514 GC Waiver by Alleged Incapacitated Individual
PDF DOC 515 GC Waiver of Notice
PDF DOC 520 GC Summons and Petition for Appointment of Guardian and Conservator
PDF DOC 521 GC Plan of Care for Ward
PDF DOC 522 GC Physician's Affidavit for Emergency or Temporary Proceedings
PDF DOC 523 GC Motion and Order for Appointment of Counsel for Emergency or Temporary Proceedings
PDF DOC 524 GC Notice of Right to Counsel
PDF DOC 525 GC Notice of Appearance
PDF DOC 526 GC Motion to be Relieved as Counsel for Alleged Incapacitated Individual
PDF DOC 527 GC Motion and Order for Appointment of Guardian Ad Litem
PDF DOC 530 GC Summons and Petition for Appointment of Guardian
PDF DOC 531 GC Guardian Ad Litem Report
PDF DOC 534 GC Guardian Report
PDF DOC 539 GC Examiner Report and Affidavit Regarding Capacity
PDF DOC 540 GC Summons and Petition for Appointment of Conservator
PDF DOC 542 GC Summons and Petition for Appointment of Conservator for Minor
PDF DOC 543 GC Conservator Contract
PDF DOC 544 GC Affidavit of Conservator Regarding Bond
PDF DOC 549 GC Acceptance of Service; Renunciation/Nomination
PDF DOC 550 GC Inventory and Appraisement
PDF DOC 556 GC Statement of Creditor's Claim
PDF DOC 557 GC Notice of Allowance/Disallowance of Claim
PDF DOC 558 GC Summons and Petition for Allowance of Claim
PDF DOC 559 GC Release/Satisfaction of Claim
PDF DOC 563 GC Receipt
PDF DOC 566 GC Financial Plan of Conservator
PDF DOC 567 GC-LF Conservator Report - Long Form
PDF DOC 567 GC-SF Conservator Report - Short Form
PDF DOC 568 GC Conservator Report For a Minor
PDF DOC 583 GC-A Application for Relief (Guardianship)
PDF DOC 583 GC-B Application for Relief (Conservatorship)

Frequently Asked Questions

  • What is a Guardian?

    • In South Carolina, a Guardian handles personal and custodial matters for an incapacitated adult.
    • The incapacity may be due to mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs or alcohol, or other causes, except minority.

  • What does a Guardian Do?

    • A Guardian must decide where the person will live and make provisions for his/her care, comfort and maintenance, including mental and health care decisions.
    • A court appointed Guardian must make yearly reports to the Probate Court regarding the condition of their ward.
    • Guardians for minors are designated by the Family Court.

  • What is a Conservator?

    • A Conservator manages financial affairs or property for an incapacitated adult or for a minor.
    • The Conservator must manage and protect the property, and report periodically to the court about the assets, receipts and disbursements of the estate.
    • No expenditures can occur without written Court order.

  • What does a Conservator do?

    • If you are appointed conservator by the Court, it will be your responsibility to dutifully handle the financial situation of the protected person as stipulated by the Court.
    • Conservators are required by law to file an accounting each year with the Probate Court.
    • If bond is required, it will ensure that the conservator carries out his duties faithfully and appropriately. However, the requirement for bond can be waived. The bond is based on the total value of the protected person's personal property (excluding real estate), plus estimated income.

PETITION TO Determine Heirs

If more than ten (10) years have passed since the decedents' death, the Probate Court is required by state law to hold a hearing to determine who the heirs of the decedent were at the time of their death.

  • $150 Filing Fee
    The filing fee required for this hearing
  • 10+ Years
    If more than 10 years since decedents' death, a court hearing will be held to determine heirs

Recommendation

The process for filing a Petition to Determine Heirs is very complicated. The services of a Probate lawyer are highly recommended.

Supporting Documents

  • Birth certificates
  • Death certificates
  • Marriage licenses
  • Orders from divorce proceedings
  • Adoption records
  • Termination of Parental Rights

Process for Filing a Petition to Determine Heirs

  1. A Formal Petition is required for this process. It is strongly advised to seek legal counsel in filing this action.
  2. Once the Summons and Petition is filed with the Court, filed copies must then be personally served on all of the heirs. Proof of this personal service is required to be filed with the Court.
  3. The heirs are then allowed thirty (30) days to Answer this Petition.
  4. A publication is also required by state law to allow any other potential heirs to come forward and attend this hearing.

Details of the Cost and What Happens during the Court Hearing

  • The filing fee of $150.00 is required for this hearing.
  • At the hearing, the testimony to establish the heirs will be taken.
  • A disinterested party is required to testify to support the family members.

Orders of Detention and Involuntary Commitments

Order of Detention Facts

  • An Order of Detention is issued so that the police can transport a person to be examined for possible commitment for alcohol/drug abuse/or mental illness.
  • The Probate Court has the authority to issue an Order of Detention.
  • The Probate Court DOES NOT commit anyone to an institution.

988 Suicide Crisis Lifeline

You can utilize suicide prevention by contacting the 988 Suicide and Crisis Lifeline.
Dial 988 Visit Website

Involuntary Commitments

Involuntary commitment proceedings must be initiated through Catawba Mental Health Center, Hazel Pittman Center, or after-hours through the Mobile Crisis line.

Genealogy

Searching for Estate and Marriage Records in Chester County?

Visit the South Carolina Probate database for all Chester County Estate records dating back to the late 1780s and Marriage records beginning in 1911.

SC Probate Search
  • $.50 Per Page
    For copies made on site

Did You Know?

Chester County was originally a part of Craven District. Historical records related to Craven District can likely be found in either Kershaw County or the South Carolina Department of Archives and History in Columbia, SC.

Helpful Resources

  • 988 Suicide & Crisis Lifeline

     

    Dial 988 Website

  • Apply for EIN

    Employer Identification Number

    Website

  • Criminal Background Check

    SLED Catch

    Website

  • Find a Lawyer

    SC Bar Referral Service

    Website

  • National Alliance on Mental Illness (NAMI)

    South Carolina

    Website