Estate 

What estate planning documents should I have?

Everyone should consider a Last Will and Testament, Durable Power of Attorney, Health Care Power of Attorney and Declaration of a Desire for a Natural Death (or Living Will).

In South Carolina, how is the property of a deceased citizen distributed if there is no will?

If one dies without a will, the laws of intestate succession control probate property. Generally, the property passes in accordance with the deceased's family tree (unless there are non-probate transfers). 

What is required for one to apply for a marriage license in this state?

A person must be at least 18 years of age or have parental consent. You will need your original Social Security card and a Photo ID. The license is normally issued following the mandatory 24-hour waiting period once the application is filed online and after the $75.00 fee is paid.

What are the requirements for having a legal will?

The document must be in writing, signed by the testator, who is at least 18 years old. You must also have two witnesses, who are not beneficiaries of the will. You should consult a Probate Attorney.

Is there an estate open?

All estate records can be viewed at http://www.southcarolinaprobate.net/search. If you do not see the estate record you are looking for and the decedent passed away prior to 2004, please email estatedivision@dorchestercountysc.gov. 

What is the difference in a regular estate and a small estate?

A regular estate is when the decedent owned real estate or had assets valued at more than twenty-five thousand dollars. A small estate is when the decedent owned no real estate and the total assets are valued at less than twenty-five thousand dollars.

How can I be appointed as the power of attorney for someone?

You will need to contact an attorney for the proper documents to be drafted.

Are Probate records available for the public to review?

You can view our records online at http://www.southcarolinaprobate.net/search. If you do not see the estate record you are looking for and the decedent passed away prior to 2004, please email estatedivision@dorchestercountysc.gov. 

Does it cost to file a claim?

No, there is no fee to file a claim, although you will need to make sure that the estate has been opened in our office in order to file your claim. All claims need to be filed on Form #371ES.

How much does it cost to open an estate?

The fee to start an informal probate is always $25.00. The fee to begin a conservatorship or guardianship is $150.00 ($300.00 if they need to do both conservator and guardian). If paying by check, those funds should be payable to "Dorchester County Probate Court." Please refer to Filing Fees.

What is the probate process?

This process varies according to the decedent's date of death, what the value of the estate is and whether or not the matter is contested. Each situation is unique. Your individual situation is best discussed with your attorney.

What are the fees to Probate an estate?

Probate fees vary according to the value of the estate. Please refer to the Filing Fees page on this site, for assistance in calculating the fee.

How long does it take to probate the estate?

A regular estate will take at least eight months because that is the time period that an estate must stay open for creditor's claims, by state law. You should allow at least a year for an non-taxable and uncontested estate to close. A small estate will be administered within a day but cannot be filed until thirty days after the date of death.

I just had a will drawn up; can I file it in your office?

A will is not filed in our office until the person is deceased.

Do I have to obtain an attorney in order to probate an estate?

We do not require you to obtain an attorney, but we do advise that an attorney is always helpful because probate can be a very confusing and complicated process.

Is there very much paper work involved?

There are several forms that are required. Your estate clerk can assist in the process but will not be able to fill the forms out for you.

Do life insurance policies that are payable to a beneficiary have to go through Probate?

Life insurance policies payable to a beneficiary are not required to be reported on your Inventory and Appraisement. The transfer of that asset should be dealt with by the beneficiary of the policy and the company or agency providing the benefit.

Do I have to publish the decedent's death in the paper?

Unless you have an attorney, the Court will assist you with publishing in either the Dorchester Eagle Record or the Summerville Journal Scene during the Opening Seminar. This process is not required for Small Estates.  If you have an attorney, your attorney will assist you with this requirement.

What paper will it be published in?

This Court uses either the Dorchester Eagle Record or the Summerville Journal Scene.  The Personal Representative can choose one of the two.  This process is not required for Small Estates.

How long do creditors have to file a claim?

Eight months from the first date of publication or one year from the date of death.

Where can I get a copy of a deed?

The Register of Deeds Office for the county in which the property is located maintains recorded deeds. There will be a cost involved in obtaining a copy.

I need a certificate from probate; what is that and how can I get that?

A certificate is a Certificate of Appointment. This certifies whom the Probate Court has appointed as Personal Representative of the estate. Certificates are issued when the estate is opened. Additional copies can be made available.

Do I have to open an estate account?

You will need to open an estate account for assets of the estate. These funds should not be commingled into any other account until a distribution of the assets occurs. The estate account should always be interest bearing and you should request your canceled checks to be returned or request carbon copy checks.

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Marriage License

How do we apply for a Marriage License?

You must apply ONLINE ONLY at www.dorchestercountysc.gov/probate.  Go to the Marriage License Division where you will find the Marriage License Application link.

What is the legal age to marry?

You must be 18 or older to marry in South Carolina.

Do we need our social security cards?

You must have your social security card available to upload.

What type of identification is required when applying for a Marriage License?

You must have one of the following types of photo identification available to upload: either a state issued driver’s license or a military ID. Passports and visas are NOT authorized forms of identification.

How much is the fee?

There is a non-refundable fee of $75 and a non-refundable processing fee of $2.40. You must be able to pay these online.

Is there a waiting period from the time we apply for our Marriage License to the time that the Court mails it to us?

Yes. There is a 24-hour waiting period from the time your application and payment are received and processed by the Court to the time the Marriage License can be issued. Once your Marriage License is issued, it will be mailed to you at the address you indicated during the online application process. 

Is there a waiting period after we receive our Marriage License to when we can actually have our marriage ceremony?

No. After you have received your marriage license, there is no further waiting period.

If we live in another county, can we get our Marriage License in Dorchester County?

Yes. You can apply for a Marriage License in Dorchester County even if either or both of you live in another county. 

Do you have to be a resident of South Carolina to get married in South Carolina?

No. However, if you apply for and receive a South Carolina Marriage License, you must have the marriage ceremony in South Carolina.

Can we have the marriage ceremony performed in a county that is not Dorchester?

Yes. You can have the ceremony performed in any county in South Carolina.

Where will we return our marriage license for filing?

Instructions will be mailed to you with your Marriage License. Once the ceremony is performed, the Marriage License needs to be returned to the county where you applied.  For example, if you apply and receive your Marriage License from Dorchester County, but you get married in Charleston County, you MUST return your Marriage License to Dorchester County.

Does the Marriage License expire?

Licenses issued in South Carolina have no expiration date.

Is a blood test required?

A blood test is NOT required in South Carolina.

Who can perform a marriage ceremony?

Only Ministers of the Gospel or accepted Jewish Rabbis and Officers authorized to administer oaths in the state are authorized to administer a marriage ceremony in this state. Please refer to South Carolina Code of Laws Section 20-1-20.  

How do we obtain a certified copy of our Marriage License?

You may order a certified copy of your Marriage License online at www.southcarolinaprobate/search.  In the drop-down menu, select “Dorchester Marriage.” You can search by the Groom’s or Bride’s last name.

We can’t find our marriage license on the website.  Why not?

You cannot order a certified copy until after your marriage ceremony has been performed and after you have mailed the “Probate” and “Probate/DHEC” versions of the Marriage License to the Probate Court.  You must mail them to:

Dorchester Probate Court
5200 East Jim Bilton Blvd.
St. George, SC  29477

What are your business hours?

We accept applications ONLINE ONLY.  They will be processed during working hours, Monday - Friday.  Again, please be aware that there is a 24-hour waiting period from the time that you apply to the issuance of the license.