Disclaimer: This article provides general legal information under South Carolina law and is not legal advice.
Detailed Answer
When a person dies leaving a will, the executor or any holder of the document must deliver the original will and any codicils to the Probate Court in the county where the decedent was domiciled. South Carolina law requires this deposit within ten days of the testator’s death under S.C. Code Ann. § 62-3-503.
Steps to submit the original will:
- Identify the county of the decedent’s last residence and locate the Clerk of Court’s office. You can find local probate information on the South Carolina Judicial Department’s site: sccourts.org/probate.
- Obtain and complete the “Application for Probate” form, including the decedent’s full name, date of death, and names and addresses of beneficiaries and heirs.
- Attach the original will and any codicils. If you have only copies, see “Lost or Destroyed Wills” below.
- File the application and original will in person or by certified mail to the Clerk of Court, along with the required filing fee (varies by county).
Lost or destroyed original:
- File a “Petition to Establish Lost or Destroyed Will” under S.C. Code Ann. § 62-3-507.
- Provide secondary evidence: a copy of the will, witness affidavits confirming the will’s validity, and proof the testator did not revoke the will.
- Serve notice on all interested parties and appear at the hearing scheduled by the Probate Judge.
Obtaining a filed copy of a will:
- Visit the Clerk of Court’s office in the probate county.
- Provide the decedent’s name and probate file or docket number (if known).
- Pay standard copy fees (commonly $0.50/page) plus any certification fee (commonly $5).
- Receive a certified copy for use in real estate transactions, banking, and other legal purposes.
Helpful Hints
- Act promptly: missing the ten-day deposit deadline can delay probate.
- Keep chain-of-custody records if you handle the original will.
- Use certified mail with return receipt to prove timely filing.
- Request certified copies early for title companies and financial institutions.
- If the original is missing, gather all secondary evidence before filing the lost-will petition.
- Consider consulting a probate attorney to navigate court requirements and hearings.
- Verify county-specific fees and procedures with the Clerk of Court in advance.