Detailed Answer
Short overview: If you live out of state and have the original will of someone who died in South Carolina (or who owned property in South Carolina), you must submit the original will to the probate court in the appropriate South Carolina county. That county is generally where the decedent was domiciled at death (for full probate) or where South Carolina real property is located (for ancillary probate). The usual practical steps are: get a certified death certificate, contact the correct South Carolina probate court, prepare and file the required probate petition (or hire a local attorney to do so), and either deliver or safely transmit the original will to the court.
1. Confirm which probate court has jurisdiction
South Carolina probate courts handle wills and estates under the state probate laws (see South Carolina Code, Title 62). If the decedent’s legal home (domicile) was in a South Carolina county at death, file in that county’s probate court. If the decedent lived out of state but owned South Carolina real property, you will likely need ancillary probate in the county where that real property is located. For the state code reference, see: South Carolina Code, Title 62 (Probate, Trusts, and Fiduciaries).
2. Get the required documents before you submit the will
- Obtain a certified copy of the decedent’s death certificate from the vital records office in the state where the death occurred.
- Locate the original signed will. Courts generally require the original will, not a copy.
- Identify any known executors named in the will and any likely heirs or beneficiaries.
3. Contact the county probate court clerk
Contact the clerk of the probate (or master-in-equity/probate division) in the county where you plan to file. Clerks can tell you the local filing procedure, accepted filing methods (in-person, mail, or electronic where available), local filing fees, and required forms. Find county court contact information through the South Carolina Judicial Department website: South Carolina Courts.
4. Decide how to deliver the original will
Options include:
- Mail the original will to the probate court by a trackable, insured method (certified mail with return receipt or a reputable courier). Use a secure, tamper-evident envelope and keep proof of mailing and delivery.
- Hire a South Carolina attorney to file for you and handle the original will locally. Many out-of-state people use local counsel to avoid mailing irreplaceable documents long distances.
- Deliver the original in person if you can travel to South Carolina.
When mailing, include a cover letter that identifies the decedent, states your relationship, and requests that the court file the will and contact you or your attorney about next steps. Ask the clerk if they return original wills after filing or keep originals as part of the court file.
5. File the probate petition (or have counsel file it)
Filing typically requires:
- The original will filed with a petition to admit the will to probate (forms and formatting differ by county).
- A certified death certificate.
- Identification of the person filing (petitioner), the executor named in the will (if any), and contact details for heirs and beneficiaries.
- Payment of the probate filing fee (county-dependent).
The clerk will advise whether the will is “self-proved” (accompanied by a self-proving affidavit) or whether witnesses must appear or submit affidavits. See South Carolina probate law for execution and attestation rules: S.C. Code Title 62.
6. After filing: court action and letters of appointment
Once the court admits the will, it typically issues letters testamentary or letters of administration with the will annexed (authorizing the personal representative to act). If you live out of state, you can serve as personal representative in many cases, but practical challenges include managing local property and creditors. The court or your attorney can advise on bond requirements, notice to creditors, and any publication requirements.
7. Ancillary probate (if decedent was not domiciled in South Carolina)
If the decedent’s primary domicile was in another state but they owned South Carolina real property, you generally must open an ancillary estate in the South Carolina county where the property lies to transfer title to South Carolina real estate. The local county probate clerk or a South Carolina attorney can explain the steps.
8. Practical and safety tips
- Do not destroy or alter the original will. Courts will not accept altered originals.
- Keep detailed records of all communications, filings, receipts, and tracking information.
- Consider hiring a local South Carolina probate attorney to file the will, appear in court if needed, and act as agent for local matters. This often reduces delay and risk.
When to get legal help
Hire a South Carolina probate attorney if the will’s validity is likely to be contested, if the estate holds significant assets in South Carolina, if there are questions about jurisdiction or the need for ancillary probate, or if you want someone to personally file and manage the estate matters on your behalf.
Key legal references: South Carolina Code, Title 62 (probate and estates): https://www.scstatehouse.gov/code/title62.php. South Carolina Courts (probate court information and county contacts): https://www.sccourts.org/.
Disclaimer: I am not a lawyer. This article provides general information only and is not legal advice. For advice about a specific situation, consult a licensed South Carolina attorney.
Helpful Hints
- Check which county is correct before mailing anything — filing in the wrong county delays the process.
- Use traceable, insured shipping when sending the original will. Keep tracking numbers and receipts.
- If possible, scan the original will and send a PDF to your South Carolina attorney and to the probate clerk in advance so they know to expect the original.
- Ask the probate clerk whether the original will will be returned after admission or kept in the estate file.
- If the will is not self-proved, identify and locate witnesses quickly; their affidavits or testimony may be needed.
- If you cannot be onsite, authorize a South Carolina attorney to act on your behalf to minimize travel and risk.
- Keep copies of everything you file and confirmations from the court showing the will was received and filed.