Guardianships/Conservatorships Division

  1. Fire is the fourth largest accidental killer in the United States, behind motor vehicle accidents, falls, and drownings. It is also the disaster that families are mostly likely to experience. Over 80 percent of all fire deaths occur where people sleep, such as in homes or hotels.
  2. Most fires occur when people are likely to be less alert such as between midnight and morning. Eighty-four percent of house and building fires are accidental, such as those caused by poor electrical wiring or careless behavior. However, 16 percent are set intentionally through arson or acts of terrorism.
  3. The leading cause of death in a fire is asphyxiation. Fire victims seldom see the flames. Fire consumes the oxygen in the air, thereby increasing the concentration of deadly carbon monoxide in the atmosphere. Inhaling carbon monoxide causes a loss of consciousness or death within minutes.
  4. The heat from a fire can melt clothes and scorch the lungs in a single breath. At floor level, temperatures average about 90 degrees Fahrenheit, but at eye level rise to 600 degrees.
  5. House fires begin with a bright flame then quickly generate a black, choking smoke. It is nearly impossible to see through a thick cloud of smoke, so fire drill participants should practice evacuating buildings with their eyes closed.
Information compiled from the Federal Emegency Management Agency.

Dear Personal Representative and Family,

First, we are here to help you. One reason I ran for Probate Judge was to help people and make them aware that probate does not have to be an unbearable experience. Accordingly, the following information concerning the statutory requirements of becoming a conservator/guardian is furnished to assist you. Please do not hesitate to ask specific questions about any problem encountered that is not explained here. Our staff will be happy to furnish assistance and information to the extent allowed by law. Seeking legal counsel is always recommended, as our staff cannot provide legal advice. Elizabeth Currie, Tina Homer and Jennifer Curry are the Conservatorship/Guardianship clerks.

A second reason that I ran for Probate Judge was to stress the importance of estate planning. We hope that you will take this opportunity to review your estate planning documents. You should consider a Last Will and Testament, a Trust, a Declaration of Desire for Natural Death (otherwise known as a Living Will), a Durable Power of Attorney for Healthcare, a Durable Power of Attorney for Business Affairs and other advance directives. If you have a Durable Power of Attorney and the Health Care Power of Attorney, you could bypass the Conservatorship/Guardianship procedures. You will need legal counsel to complete your estate planning. For the reason 'Why you need a Will' please call the South Carolina Bar Law Line toll-free at 1-800-521-9788 ext. 160. As a public service, we provide the statutory Living Will and Health Care Power of Attorney. If you need samples of these documents, please ask the clerk to provide them to you. We hope that you will take this opportunity to review and update your estate planning documents, and will encourage other family members to complete their estate planning.

As your Probate Judge, I am here to serve you. If you should have questions, comments, or suggestions, please let me know. I thank you for electing me to be your Probate Judge and hope that we help make probate a pleasant experience considering the circumstances.

Sincerely, Signed: Judge Irvin G. Condon Irvin G. Condon

Overview of Opening an Adult Guardianship and/or Adult Conservatorship

The Probate Court does not require that you hire an attorney; However, it is strongly recommended. You must be able to follow the South Carolina rules of Civil Procedure.

Filing Requirements for Adult Guardianships and Conservatorships

Documents to File for Guardianship and Conservatorship:

  • Form #520GC - Dual Petition for Appointment of Guardian and Conservator
  • Form #524GC - Notice of Right to Counsel
  • Form #539GC - Examiner Report and Affidavit Regarding Capacity
  • Form #120PC - Proof of Delivery
  • Fee Schedule - $150.00 for Guardianship; any other filing fees will be further assessed at a later date
  • SLED Report for proposed Guardian and Conservator
  • Credit Report for proposed Guardian and Conservator
Documents to File for Guardianship: Documents to File for Conservatorship:
  • Form #540GC - Petition for Protective Order and/or Appointment of Conservator for an Adult
  • Form #524GC - Notice of Right to Counsel
  • Form #539GC - Examiner Report and Affidavit Regarding Capacity
  • Form #120PC - Proof of Delivery
  • Fee Schedule - Filing fee starts at $25.00; please refer to fee schedule
  • SLED Report for proposed Conservator
  • Credit Report for proposed Conservator
Initial Procedure:
  • The proposed conservator is required to furnish the Court with a fiduciary bond for 1.5 time the total liquid assets, if the total liquid assets exceed the amount of $15,000.
  • The Court will appoint a Guardian Ad Litem (GAL) to visit the Alleged Incapacitated Individual (AII) and file a report with the Court prior to the hearing date. You will be responsible for paying any/all GAL fees.
  • A designated examiner is required to examine the Alleged Incapacitated Individual (AII) and file the Examiner Report and Affidavit Regarding Capacity, Form #539GC within 48 hours of the hearing date. If the AII has a treating Medical Doctor (MD) who is willing to complete the report, the treating MD can be used in replace of a Court appointed designated examiner. Please file the Examiner Report as soon as you are in receipt. You will be responsible for paying any/all designated examiner fees.
  • The Notice of Right to Counsel is required to be served on the AII. The AII has the right to obtain an attorney. If a Notice of Appearance has not been received by the Court within fifteen (15) days from the filing of proof of service, the court will appoint an attorney for the AII.
  • Once proper service of the pleadings has been completed and proof of such has been filed with the Court, the Court will furnish you with a hearing date by mail and/or email. You will then be required to again properly serve all interested parties with the notice of hearing. The AII will need to be personally served by a Process Server. Once all interested parties are served, you are required to file the Proof of Delivery, Form #120PC with the Court.
  • You are required to hire a Court Reporter for the hearing. Court Reporters can be found in the Yellow Pages or via Google search. You will be responsible for paying any/all Court Reporter fees.

Overview of Opening a Minor Conservatorship

The Probate Court does not require that you hire an attorney; However, it is strongly recommended. You must be able to follow the South Carolina rules of Civil Procedure.

Filing Requirements for Minor Conservatorships

Forms:

  • Form #542GC - Application (Informal) / Petition (Formal) for Protective Order and/or Appointment of Conservator for a Minor
  • Form #543GC - Conservatorship Contract
  • Form #549GC - Renunciation/Nomination for Conservator
Fee(s):
  • 25.00 minimum, made payable to Charleston County Probate Court. Please refer to the Fee Schedule
Initial Procedures:
  • The proposed conservator is required to furnish the Court with a fiduciary bond for 1.5 time the total liquid assets, if the total liquid assets exceed the amount of $15,000.
  • A Renunciation/Nomination for Conservator, Form #549GC can be competed for any/all family members with priority to serve as conservator. A hearing will be required if any/all family members with priority to serve do not file this form with the Court.

Probate Court Fee Schedule

South Carolina code section 8-21-770(B) states fees for Estate and Conservatorship proceedings are determined on the gross value of probate assets as follows:

Property Valuation
$ Amount
Less than $5,000.00
$25.00
$5,000.00 but Less than $20,000.00
$45.00
$20,000.00 but Less than $60,000.00
$67.50
$60,000.00 but Less than $100,000.00
$95.00*
*PLUS (+) 0.15 Percent (%) of the property valuation between $100,000.00 and $600,000.00
Property valuation of $625,000.00 or higher amount set forth in (5) about plus 1/4 of 1% of the property valuation above $600,000.00.

NOTE: Non-Probate assets are not part of the fee calculation.

Other Fees
$ Amount
Appointment of Guardian Ad Litem
$3.50
Appointment of Successor/Subsequent P/R Trustee or Special or Temporary Administrator
$22.50
Approval of Settlement Order (Minors/Incompetents)
$150.00
Certificates of appointment (After initial four)
$0.50
Certifying Appeal records
$10.00
Copy Machine copy
$0.50
Estate Record Certified copy
$5.00
Filing Conservatorsihp accountings
$10.00
Filing demand for notice
$5.00
Filing Will for record only
$10.00
Filing the initial petition in any action or proceeding other than above, same fee as charged for filing civil actions in Circuit Court
$150.00
Issuing Exemplified/Authenticated copy
$20.00
Marriage License Certified Copy
$5.00
Marriage License fee
$70.00
Microfilm copy
$0.50
Recording certified Estate records from other Counties
$20.00
Recording exemplifications from Out-of-State
$20.00
Reforming or Correcting marriage record
$6.75

NOTE: Filing affidavit for collection of personal property under section 62-2-1202(A), the fee pursuant to item (1) above based upon property valuation shown, provided that where the property valuation is less than $100.00 the fee shall be one-half the amount otherwise provided.

The costs of the notice to creditors or other legal advertisement are in addition to prescribed Court costs and are due and payable prior to publication of advertisement.