Colleton County Probate Court
Colleton County Probate Court has jurisdiction over marriage licenses, estates of deceased persons, guardianships of incapacitated adults, conservatorships of minors and incapacitated persons, minor settlements, and involuntary commitments. The office is at 239 N. Jefferies Boulevard, P.O. Box 1036, Walterboro, SC 29488. Phone is 843-549-7216, fax is 843-549-5571, and email is probate@colletoncounty.org.
Probate Judge Ceth Utsey is listed with probate@colletoncounty.org and extension 6939. Vanessa Colleton is Deputy Probate Judge, Danielle Jenkins is Probate Clerk, Shakema Simmons is Estate Clerk, and Kimberly Witort is Clerk. Published office hours are Monday through Friday, 8:00 AM to 5:00 PM.
Colleton County Probate Court
239 N. Jefferies Blvd.
P.O. Box 1036
Walterboro, SC 29488
843-549-7216
probate@colletoncounty.org
Colleton County Probate Terms
Probate filings use terms that are easy to misread. These definitions match the record types Colleton County Probate Court handles and the South Carolina probate materials in the research.
- Probate
- The court process for estates, wills, guardianships, conservatorships, and related matters.
- Testator
- A person who made a will.
- Personal representative
- The person appointed to administer an estate, often called executor in plain speech.
- Intestate
- Dying without a valid will.
- Guardian
- A court-appointed person responsible for personal and care decisions for an incapacitated adult or ward.
- Conservator
- A court-appointed person managing property or financial affairs for an incapacitated adult or minor.
Colleton County Probate Search Fields
Colleton Probate links to South Carolina Probate Search. Search criteria can be case number or any combination of last name, first name, and middle name. A percent sign can be used before search criteria as a wildcard. Results columns visible in the research include Case Number, Case Name, Party, Type of Case, Filing Date, County, Appointment Date, Creditor Claim Due, and Case Status.
| Field Label | Type | Required | Options / Format Notes |
|---|---|---|---|
| All Parties Case Name | Text | Unspecified | Search by case number or any combination of last, first, and middle name. |
| Wildcard | Text convention | Optional | Percent sign may be used in front of search criteria. |
| Gray + | Expand control | Optional | Expands grid details. |
| Result columns | Result table | n/a | Case Number, Case Name, Party, Type of Case, Filing Date, County, Appointment Date, Creditor Claim Due, Case Status. |
South Carolina Probate Search is the source lead-in for the image below.
The search image supports the Colleton County Probate Court online record path for estate and related probate case lookups.
Colleton County Estate Packet
The estate opening packet lists items collected when a probate estate is opened. A certified copy of the death certificate is required, but the packet says an obituary or funeral bill may open the estate if the death certificate is unavailable, with the certified death certificate filed as soon as possible. The packet also calls for the original Last Will and Testament plus original codicils or memoranda if one exists.
- Picture ID for the person applying to administer the estate.
- Completed Probate Court worksheets.
- Regular estate initial filing fee of $25.00.
- Advertising fee of $15.00 payable to The Press & Standard for a decedent who died within the last 12 months.
- Renunciations or nominations from people of higher or equal priority.
- Waiver of bond from heirs if there is no will.
- Deeds, titles, bank statements, stocks, bonds, retirement information, obituary, funeral program, funeral bill, and receipt showing who paid.
County materials say a regular estate should be opened within 30 days from death if possible because state law requires anyone holding a valid will to deliver it to court within that time. The packet also says no estate may be opened more than 10 years after death. Small estates cannot be filed until more than 30 days after death and may be opened and closed the same day if paperwork is complete.
The Colleton Probate estate FAQ is the source lead-in for the image below.
The estate FAQ supports the local filing path and timing rules for Colleton County probate records.
Colleton County Probate Fees
The Colleton Probate fee schedule includes estate and conservatorship asset tiers, small-estate tiers, protected-person petition fees, copy fees, and appointment-related fees. Some fee rows are asset-based, while others are flat fees for filings or copies.
| Probate Asset Value / Item | Fee |
|---|---|
| Estate/conservatorship $0-$4,999 | $25.00 |
| $5,000-$19,999 | $45.00 |
| $20,000-$59,999 | $67.50 |
| $60,000-$99,999 | $95.00 |
| $100,000-$599,999 | $95.00 + .0015 over $100,000 |
| $600,000 and above | $95.00 on first $600,000 + .0025 over $600,000 |
| Small estate less than $100 | $12.50 |
| Small estate $100-$4,999 | $25.00 |
| Small estate $5,000-$9,999 | $45.00 |
| Adult guardianship/conservatorship petition | $150.00 |
| Minor conservatorship application | $25.00 |
| Photocopies per page | $0.25 |
| Certified copy | $5.00 |
| Filing a will only | $10.00 |
| Formal action, summons and petition | $150.00 |
Colleton County Small Estate Conflict
The research found an important mismatch. Colleton's local packet and FAQ still describe a $25,000 small-estate threshold. Current South Carolina Probate Code was amended in 2025. S.C. Code § 62-3-1201 now says the small-estate affidavit must state that the probate estate, less liens and encumbrances, does not exceed $45,000 and that 30 days have elapsed since death. S.C. Code § 62-3-1203 also uses $45,000 for summary administration.
The statute page notes that 2025 Act No. 26 substituted $45,000 for $25,000, effective May 8, 2025. Because the local packet and state statute conflict, confirm the current small-estate threshold with Colleton County Probate Court before filing. That confirmation matters for filing eligibility, required paperwork, and the fee path.
Colleton County Protected Persons
Colleton's protected-person FAQ explains that a guardian handles personal and custodial matters for an incapacitated adult, including residence, care, comfort, maintenance, and health-care decisions. A conservator manages financial affairs or property for an incapacitated adult or minor and must manage and protect property while reporting periodically to the court. The filing fee for a guardianship or conservatorship petition is $150 unless the petitioner is found indigent.
The petitioner may also be responsible for examiner, guardian ad litem, attorney, and court-appointed examiner costs. Protected-person records can contain sensitive medical, financial, and personal information, so public access may be more limited than access to ordinary estate docket data.
The Colleton protected-persons FAQ is the source lead-in for the image below.
The protected-persons FAQ explains the guardianship and conservatorship side of Colleton County probate records.
Colleton County Commitment Records
Colleton Probate Court also handles involuntary commitments, but the Probate mental-health FAQ says a person must first contact Coastal Empire Community Mental Health Center or take the individual to the emergency room at Colleton Medical Center for initial screening before Probate Court can assist. For alcohol or drug commitment, the FAQ directs people to contact Pillars of Hope. Probate Court cannot issue an order committing someone before evaluation.
The Colleton Probate mental-health FAQ is the source lead-in for the image below.
The mental-health FAQ is included because commitment matters are part of Probate Court jurisdiction but are not ordinary public probate lookups.
Restricted Colleton County Probate Records
Estate records can include applications, wills, death certificates, appointment papers, inventories, creditor notices, accountings, petitions, orders, and closing documents. Guardianship and conservatorship records can include petitions, examiner reports, guardian ad litem materials, bonds, reports, and annual accountings. Mental health matters involve commitment and health information. Those categories explain why not every probate record can be treated as a simple public search result.
For marriage-license copies, use Probate Court's marriage copy channel. For divorce decrees, use the Clerk of Court and Family Court channels. For older Colleton County records, remember that South Carolina Archives materials note that virtually no pre-1865 county records survived after records evacuated to Columbia were destroyed by fire.