Greenville County Probate Court: A Local Guide to Probate in Greenville, South Carolina

Navigating the probate process can be overwhelming, especially during a difficult time. This guide provides detailed, location-specific information for the Greenville County Probate Court to help you understand the process and fulfill your responsibilities.

Contact Information

Greenville County Probate Court 301 University Ridge Greenville County Square Suite N-T100, Estate Division Greenville, SC 29601 Phone: 864.467.7170 Website: View full Greenville County court details or www.greenvillecounty.org/probate

Hours: Monday through Friday, 8:30 a.m. to 5:00 p.m., excluding legal County sanctioned holidays.

Judges:

• Probate Judge: Chadwicke L. Groover
• Associate Probate Judge: Caroline Horlbeck
• Associate Probate Judge (Part-time): Elizabeth Wiygul

What is Probate?

Probate is the court-supervised legal process of validating a will (if one exists), identifying and gathering the deceased person's assets, paying debts and taxes, and distributing the remaining assets to the rightful heirs or beneficiaries. The Greenville County Probate Court oversees these matters, ensuring that estates are administered according to South Carolina law. Probate is necessary if the deceased was a permanent resident of Greenville County, was a non-resident holding property in Greenville County, or had a right to take legal action in the county.

Step-by-Step Probate Process in Greenville County

The probate process in Greenville County generally involves these steps:

1. Filing the Petition for Probate: Within 30 days of the death, the original will (if one exists), a certified copy of the death certificate, and the filing fee must be submitted to the Greenville County Probate Court to begin the probate procedure. If no will exists, a petition to open the estate must still be filed.
2. Initial Examination: The court examines the will to ensure it meets South Carolina's legal requirements, including proper signatures, witnesses, and execution according to state law.
3. Appointment of Personal Representative: The court formally appoints a personal representative (PR) to administer the estate. The PR is typically named in the will (executor) or, if there is no will, is selected according to South Carolina law, often the surviving spouse.
4. Notifying Heirs and Creditors: The personal representative must notify all known heirs and beneficiaries. A notice to creditors must be published in a local newspaper (e.g., The Greenville News) for three consecutive weeks, giving creditors a statutory period (typically eight months from the first publication) to file claims against the estate.
5. Inventory and Appraisement: The PR identifies, gathers, and values all assets of the deceased. An inventory of the estate's assets is filed with the court.
6. Payment of Claims and Taxes: The PR determines and pays the deceased's debts, taxes (including income and estate taxes), and administration expenses, following the legal priority for payments.
7. Distribution of Assets: The remaining assets are distributed to the rightful heirs or beneficiaries as specified in the will or according to South Carolina's intestate succession laws if no will exists.
8. Closing the Estate: The PR files the appropriate forms with the court to close the estate.

How to File

To initiate probate, you must file the necessary documents with the Greenville County Probate Court at the following address:

Greenville County Probate Court 301 University Ridge Greenville County Square Suite N-T100, Estate Division Greenville, SC 29601

You can contact the court by phone at 864.467.7170 to ask any questions.

Costs and Fees

Here are some of the fees associated with probate in Greenville County:

• Filing of a Will for Record Advertisement: $10.00
• Notice to Creditors Advertisement: $46.00
• Filing a Formal Action (Summons & Petition): $150.00
• Small Estate Affidavit:
  • $0 - $99.99: $17.50 (includes $5.00 certification fee)
  • $100 - $4,999.99: $30.00
  • $5,000 - $19,999.99: $50.00
  • $20,000 - $25,000: $72.50
• Demand for Notice (FORM #111ES): $5.00
• Subsequent Administration: $22.50
• Special Certificate: $10.00
• Reopening Closed Estates: $22.50
• Special/Successor/Temporary Fiduciary Appointment: $22.50
• Affidavit for Access to Safe Deposit Box: $22.50
• Affidavit to Obtain Bank Balance: $22.50
• Informal Application for Appointment (Applied to I/A Fees): $25.00
• Informal Application for Will Probate Only: $25.00
• Recording Copies (Exemplified/Authenticated/Certified): $20.00
• Research Fee: $7.00
• Copies (per page): $0.50
• Certified Copies (plus copy/research charges): $5.00
• Exemplified/Authenticated Copy (plus copy/research charges): $20.00
• Certifying Appeal Record: $10.00
• Filing of a Motion/Orders Issued without a Hearing: $15.00
• Attorney Case Management System Subscription (per user): $15.00 monthly or $150.00 yearly

Note: These fees are subject to change. Contact the Greenville County Probate Court for the most up-to-date fee schedule. Payment can be made via check or money order payable to Greenville County Treasurer, or by major credit card (subject to a non-refundable service fee).

Do I Need an Attorney?

While not always required, it is generally recommended to seek legal counsel from a qualified South Carolina probate attorney, especially for formal probate or complex situations. Situations where an attorney is highly recommended include will contests, determination of heirship, disputes among beneficiaries, and complex asset structures. If the Personal Representative resides out of state, they will likely need someone living in South Carolina to assist them, and that should usually be an attorney. The Probate court staff cannot provide legal advice nor act as a conflict resolution mediator between estate parties.

Frequently Asked Questions (FAQ)

1. How long does probate typically take in Greenville County?

A typical probate case in Greenville County, South Carolina, usually takes between 9 and 18 months to complete. However, simple estates can be completed in as little as six to eight months, while complex or disputed estates can take two years or more.

2. What happens if someone dies without a will in Greenville County?

If someone dies without a will (intestate), their assets are distributed according to South Carolina's intestate succession laws. Generally, the surviving spouse and children inherit the estate, with the specific proportions determined by state law.

3. How do I find out if a will has been filed?

You can search estate records through the Probate Court. The Probate Court offers Public Access to Court Case Information, a valuable online service providing a resource for information about court cases.

4. What is a Personal Representative's responsibility?

The Personal Representative is responsible for collecting, protecting and administering the estate. This includes giving Notice to all interested parties, filing an Inventory of the estate, making sure assets are secure during probate time, paying required claims and costs, and making sure the proper people get what they are entitled to receive.

5. What if the deceased person had no assets?

If the deceased person had no assets, it is not necessary to probate, although the will must be filed.

This guide is intended to provide general information and should not be considered legal advice. It is essential to consult with a qualified attorney for advice regarding your specific situation.