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South Carolina · South Carolina Probate Courts

Berkeley County Probate Court Guide

Settled Estate records a 30-day deadline to deposit the will and an 8-month creditor claim period for the Berkeley County Probate Court, read from 9 linked sources and last verified June 4, 2026.

By Settled Estate Editorial Team

Probate Court information · Updated June 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

30 days
To deposit the will
8 months
Creditor claims, from death
(843) 719-4519
Filing office phone
Unofficial guide · Verified June 2026 · Berkeley County Probate CourtSources (9)

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Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

Berkeley County vital records contact

Cost: $12/copy
Get: 10 copies
Office info
Address: Moncks Corner, SC (verify street address)

Secure the Property

  • Lock the residence and secure valuable items
  • Forward mail to a responsible family member
  • Make a list of what you find (don't throw anything away yet)

Locate Important Documents

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

First 30 days
30 days

Deposit the Will

A person with custody of a will must deliver it to the probate court or person able to secure probate within thirty days after learning of the death. (S.C. Code Section 62-2-901)

Cost: Verify locally
Where: Berkeley County Probate Court
Clerk Website

Creditor claim window

Creditors generally have 8 months from decedent death, with publication and mailed-notice rules that can shorten specific claim deadlines to bring claims against the estate. (S.C. Code Section 62-3-803)

Notify Key Parties

  • Banks and credit card companies (to prevent unauthorized use)
  • Social Security Administration (1-800-772-1213)
  • Employer (if applicable) for final paycheck and benefits

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

Small estate? If the estate is worth less than the South Carolina small-estate limit (shown on the options below), you may qualify for simplified procedures.

2

Is there a valid will? If yes, you'll file for informal or formal probate with a will. If no will exists, it's administration without a will.

3

Complex assets? Business interests, real estate in multiple states, or contested claims may require Probate Court administration.

Select a probate type below to see specific requirements and costs.

Which applies to your situation?

Not sure? Use the free checker at the top of this page - you don't have to decide this alone.

Berkeley County Estates Division says a small estate may qualify after waiting 30 days when the estate, minus liens and encumbrances, is valued at less than $45,000 and the decedent owned no real estate.

Qualifies:
$45,000

Summary administration may be available for qualifying small estates under South Carolina Probate Code procedures.

Qualifies:
$45,000

Berkeley County Estates Division describes opening an estate with or without a will through the Estates Division when the person with priority or named personal representative appears with required documents and the matter can proceed without formal appointment issues.

Attorney:
not required by law, though many families use one

Berkeley County Estates Division says formal appointment procedures may be needed when more than one person has priority and renunciations or proof of death for higher-priority people are not available.

Attorney:
not required by law, though many families use one

File for Probate

Where to file, forms & fees

Where to File

Office: Berkeley County Probate Court
Address: 300-B California Avenue, Moncks Corner, SC 29461
Hours: Monday-Friday 9:00 a.m.-5:00 p.m.; Estates walk-ins accepted 9:00 a.m.-3:30 p.m. on a first come, first serve basis
How: in person, mail, drop box
Get Forms

Free Filing Help Available

Berkeley County Probate Court Estates Division can help you understand forms and filing requirements at no cost.

Visit Self-Help Center

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

Berkeley County Register of Deeds

Website
Berkeley County Real Property Services Website

Berkeley County Treasurer

Tax Collector Tax Search

Vehicle Title Transfer

Retitle or transfer the deceased's vehicle. Office, forms, fees.

Berkeley County Auditor and Treasurer vehicle tax offices

Phone:
(843) 719-4309 Auditor; (843) 719-4040 Treasurer
Address:
1003 Highway 52, Moncks Corner, SC 29461
Hours:
Auditor Monday-Friday 8:30 a.m.-5:00 p.m.; Treasurer Monday-Friday 8:30 a.m.-5:00 p.m.
Office Website

Berkeley County Auditor generates tax bills for personal property and real property and says yearly tax notices are sent in October. Vehicle tax information links online vehicle tax payment, high-mileage appeal, motor vehicle bill requests, and SCDMV. Berkeley County Treasurer collects real, personal, motor vehicle, and other taxes, links the secure tax payment processor, and says users should contact DMV if vehicle taxes were paid but the decal and registration did not arrive. Berkeley County tax disclaimer language says vehicle tax information is for the year in advance and tax data is for reference purposes only, normally reflects changes processed as of the previous county workday, and is not warranted.

Transfer scenarios

TOD Beneficiary Transfer

Documents needed:

  • Vehicle title
  • Certified death certificate showing beneficiary survived all owners
  • Title and Registration Application (SCDMV Form 400)
  • TOD-1 (used during owner's lifetime to add or change a TOD designation)

SCDMV says a TOD beneficiary cannot be added when ownership is an AND relationship.

Personal Representative Title Transfer

Documents needed:

  • Probate Court certificate showing personal representative authority
  • Vehicle title
  • SCDMV title forms
  • Certified death certificate if requested

SCDMV says the Probate Court determines the way forward when the heir is not on the title and court documents identify a new owner.

OR Co-Owner — Surviving Co-Owner

Documents needed:

  • Vehicle title
  • Death certificate
  • SCDMV required forms

AND Co-Owner — Probate Court Direction Required

Documents needed:

  • Vehicle title
  • Death certificate
  • Probate Court direction or documents

Small Estate Affidavit (Probate Court)

Documents needed:

  • Small Estate Affidavit from Probate Court
  • Vehicle title
  • SCDMV title forms

The $45,000 small-estate threshold and 30-day waiting period apply. SCDMV limitation: the affidavit can only retitle in the name of the person the Probate Court appoints, not directly to a third-party buyer.

Forms

  • Title and/or Registration Application (SCDMV Form 400)(400)(Instructions referenced via Form 400-IS (https://dmv.sc.gov/sites/scdmv/files/media/Forms/400-IS.pdf).)
  • Application for Transfer on Death (SCDMV Form TOD-1)(TOD-1)(Official PDF URL confirmed in repo _sources.)
  • Statement of Vehicle Operation in South Carolina (SCDMV Form TI-006)(TI-006)(Referenced in SCDMV inherited vehicle guidance.)
  • Notice of Vehicle Sold (SCDMV Form 416)(416)(Referenced in SCDMV inherited vehicle guidance.)

Fees

titleTransfer$15
duplicateTitle$15

SCDMV fees page lists a $15 title fee and $35 expedited title fee. Registration fees vary; the $40 regular passenger figure in repo applies to a moving-to-SC scenario and may not represent estate-transfer registration costs. Verify current fees for the exact transaction.

Small-estate vehicle transfer

A Small Estate Affidavit from Probate Court may be used after 30 days when the qualifying personal property value does not exceed $45,000 (S.C. Code Section 62-3-1201). SCDMV limitation: the affidavit only allows title in the name of the person appointed by Probate Court and does not allow that person to directly sign the title to another person.

Threshold: $45,000

Lost or duplicate title

Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

SCDMV says it generally does not interpret or accept wills for vehicle titles, and Probate Court determines whether a will is legal and can be used to transfer ownership. County vehicle tax portals and treasurer receipts are payment or registration-support sources, not DMV title proof by themselves.

Vehicle sources (7)

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in South Carolina

Frequently Asked Questions

How much does probate cost in Berkeley County?
Probate filing fees in Berkeley County, South Carolina vary by the type of administration. Contact the Probate Court for the current fee schedule.
How long does probate take in Berkeley County?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in Berkeley County?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More South Carolina Resources

Explore the rest of the South Carolina probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against Berkeley County Probate Court on June 4, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in South Carolina can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.