probate_FC-Seal


FLORENCE COUNTY PROBATE COURT
The Honorable Jesse S. Cartrette, Jr.
Probate Court Judge
181 N. Irby Street, Suite 1300
Florence, SC 29501
843-665-3085




Judge Cartrette


APPOINTMENTS REQUIRED
Due to the volume of Marriage Licenses, Estates, Guardianships & Conservatorships in our Court, Florence County Probate Court now requires appointments.

Marriage License
   
  • Complete the Online Form and contact the Marriage License Clerk at 843-665-3085 ext. 6
  • Full Estate
       
  • Submit completed Form 300ES, all required documents and court costs (We cannot accept incomplete documents)
  •    
  • Documents will be given to an Estate Clerk then your assigned Estate Clerk will contact you to schedule an appointment
  •    
  • At your appointment, you will be given the necessary documents for you to probate the estate
  • Small Estates
       
  • If you drop off the completed Small Estate packet with all required documents and court costs, then it can be picked up the following day or we can be mail it to the address provided (upon request)
  • Meeting with Your Case Worker
       
  • You may schedule an appointment with your case worker or the Front Desk can schedule an appointment for you
  •    
  • Walk-ins will be required to schedule an appointment to meet with their assigned case worker
  •    
  • If you experience difficulty reaching your case worker on the phone, please try to email them as it may be a faster way to contact them


  • Staff
      
    Michelle Hackman:
    Associate Judge
    Email:
    mhackman@florenceco.org
    Phone:
    843-665-3085
    ext.: 9


      
      
    Terri Woods:
    Therapeutic Clerk
    Email:
    twoods@florenceco.org
    Phone:
    843-665-3085
    ext.: 4


      
    Gabby Cooker:
    Front Desk Clerk
    Email:
    gcoker@florenceco.org
    Phone:
    843-665-3085
    ext.: 0


      
    Jenn Richardson:
    GC Clerk
    Email:
    jerichardson@florenceco.org
    Phone:
    843-665-3085
    ext.: 3


      
    Libby Padgett:
    Marriage Clerk
    Email:
    lpadgett@florenceco.org
    Phone:
    843-665-3085
    ext.: 6


      
    Angele White-Bradley:
    Estate Clerk
    Email:
    asbradley@florenceco.org
    Phone:
    843-665-3085
    ext.: 7


      
    Cathy Fields:
    Estate Clerk
    Email:
    cfields@florenceco.org
    Phone:
    843-665-3085
    ext.: 8


      
    Demetria Yarborough:
    Estate Clerk
    Email:
    deyarborough@florenceco.org
    Phone:
    843-665-3085
    ext.: 1


      
    Dana Chapman:
    Estate Clerk
    Email:
    dchapman@florenceco.org
    Phone:
    843-665-3085
    ext.: 2





    Estate Administration

    If there is a Will, this must be filed with the Court within thirty (30) days from the date of death. The majority of estates will come under the informal procedures. There are no Notices or Hearings required unless demanded by an interested party pursuant to South Carolina Code of Laws, § 62-3-204 (1976, as amended).

    Formal proceedings are contested matters such as objections to appointments of personal representatives, will contests, lost or destroyed will and declaratory judgements on intestacy. Formal proceedings require Notices to all interested parties and a Hearing. Formal proceedings must be commenced within the later of eight months from informal probate or one year from the decedent’s death.

    A Part 5 Administration happens only under rare circumstances where close supervision and continuing authority by the Court is necessary for the protection of interested parties.

    A Small Estate Administration occurs when the decedent’s estate less liens and encumbrances does not exceed twenty-five thousand dollars. This cannot take place until thirty (30) days after death. The death certificate and a copy of the funeral bill must be furnished to the Court.

    Under Summary Administration of Small Estate the appointment of a Personal Representative is made. An Inventory and Appraisement must be filed with the Court. If the total assets that pass through the estate wherever located, and liens and encumbrances are less than twenty-five thousand dollars, the Personal Representative, after giving notice to creditors, may immediately disburse and distribute the estate to the entitled persons. A verified statement to close and a full account in writing must be filed with the Court and copied served on all distributees and creditors whose claims are neither paid nor barred.

    Below are questions to determine what type, if any, estate administration is needed:

      1. Was the decedent permanently living in County of Florence at the time of death?
           If not, please contact the Probate Court of the appropriate County or State.
      2. Did the decedent die within the last ten (10) years?
      3. Did the decedent own personal property valued more than $25,000 or any real estate?

    A. If you answered YES to all of these questions, please follow the link to access FORM 300ES PETITION/APPLICATION FOR APPOINTMENT (Download Form Here). Should you encounter a problem you may contact our office at (843) 665-3085 or send an email to estaterequest@florenceco.org for a package of forms required for Full Estate Administration. This package will include most of the forms you will need throughout the entire process; however, the first step is to complete FORM 300ES PETITION/APPLICATION FOR APPOINTMENT to the best of your ability. Be sure to sign and notarize where indicated and return with the following:

  • A copy of the death certificate.
  • The original Will, if there was one.
  • Court Cost for initial court fees and publication made payable to Florence County Probate Court for either choice below:

  •    •   Community Times – $45.00 Filing Fee + $35.00 Publication Fee= $80.00
       •   Morning News – $45.00 Filing Fee + $80.00 Publication Fee = $125.00

    Upon completion of the FORM 300ES PETITION/APPLICATION FOR APPOINTMENT it is recommended that you drop the completed package off to the court along with a copy of all required documents. Once all the required documents are received by the court, the documentation will be reviewed and an estate clerk will contact you within 48 hours to schedule an appointment. If you are unable to come for an appointment you may mail the paperwork to: Florence County Probate Court, 181 N. Irby St., Suite 1300, Florence, SC 29501


    B. If you answered YES to 1 and 2 but the decedent did not own any real property and the value of the personal property is less than $25,000, please follow the link to FORM 420ES AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY (Download Form Here). Should you encounter a problem you may contact our office at (843) 665-3085 or send an email to estaterequest@florenceco.org to request that we mail this form to you. After receiving and completing the Affidavit, be sure to sign and notarize where indicated and return with the following:

  • Original Death Certificate.
  • Copy of paid funeral bill
  • Obituary
  • Affidavit as to Reimbursement for Payment of Funeral Bill
  • Check made payable to the Florence County Probate Court as follows:

  •   •   $12.50 if the total value is below $100.00
      •   $25.00 if the total value is $100.00 – $4999.99
      •   $45.00 if the total value is $5,000.00 – $19,999.99
      •   $67.50 if the total value is $20,000.00 – $25,000.00

    NOTE: There is a mandatory 30-day waiting period from date of death to file a FORM 420ES (AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY).

    Upon completion of the FORM 420ES AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY it is recommended that you return the completed form and all required documents to the court. If you are unable to come for an appointment you may mail the paperwork to Florence County Probate Court, 181 N. Irby St., Suite 1300, Florence, SC 29501. Once all completed documents have been received into the court an appointment will be scheduled.

    Please note you must file original documents. Faxed documents cannot be accepted.

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