What to Do When Someone Dies in Beaufort County, South Carolina
Probate in Beaufort County runs through the Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Beaufort County, settling their estate runs through the Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Accepted paymentCheck, Money order. Filing fees must be paid by check or money order only.
Departments
Hilton Head Island Satellite Office843-255-5866Estate filings only as of December 2025.
Bluffton Satellite Office843-255-5872Estate filings only as of December 2025.
Appointments required for all court business. Marriage licenses by appointment 9am-3pm. Satellite offices at Hilton Head Island (843-255-5866) and Bluffton (843-255-5872) accept estate filings only.
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Beaufort County, probate runs through the Probate Court at 102 Ribaut Road, Beaufort.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under South Carolina intestacy law when there is no will.
Most South Carolina estates take 9 months to 18 months to move through this process. The 8 monthsS.C. Code § 62-3-803Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Beaufort County
What probate costs in Beaufort County, South Carolina comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Probate Court at 102 Ribaut Road, Beaufort.
Probate matters are handled through Hilton Head Island Satellite Office and Bluffton Satellite Office. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court that affect cost: Filing fees must be paid by check or money order only. These are county-specific and not posted on the statewide court site.
South Carolina charges $25 - $95 (graduated by the probate estate)S.C. Code Ann. § 8-21-770(B)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in South Carolina are negotiated, typically 2.1%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source to 3.3%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
South Carolina requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%S.C. Code § 62-3-603Verified Sep 8, 2026View source of estate value annually.
Probate in South Carolina typically runs 9 months to 18 months, and costs accrue throughout that period.
How to File Probate at the Probate Court
Probate cases in Beaufort County are filed at the Probate Court. File in person during business hours or by mail.
Filings here are routed through Hilton Head Island Satellite Office and Bluffton Satellite Office. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
Can You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate Court is realistic.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Marriage license applications by appointment, 9:00 AM - 3:00 PM
After PR appointment: must give notice to all interested persons, file inventory/appraisement, file accounting and closing documents
Satellite offices (Hilton Head Island and Bluffton) accept estate filings only as of December 2025
Court Appearances
All court business by appointment only
Before You Go
Appointment required
An appointment is required to file in person. Main Beaufort office: all court business by appointment only. Satellite offices (Hilton Head Island, Bluffton) are drop-off only for estate filings as of December 2025; satellite clerks cannot assist with forms or fees.
Accepted payment
Check, Money order. Filing fees must be paid by check or money order only.
What to Bring
To file at the Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Beaufort County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Register of Deeds.
Deeds and other real property documents for Beaufort County are recorded with the Register of Deeds at 100 Ribaut Road, Beaufort, SC 29902. Phone: 843-255-2555. Hours: Monday-Friday 8:00 AM - 5:00 PM.
Documents submitted by mail go to P.O. Drawer 1197, Beaufort, SC 29901.
The Register of Deeds charges $15 flat, regardless of page count.
South Carolina allows informal probate, so many families settle straightforward estates in Beaufort County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in South Carolina are based on reasonable compensation — typically 2.1%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source to 3.3%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Beaufort County firm to quote a structure up front.
A probate attorney files the petition with the Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Harvey & Battey has served the Beaufort Lowcountry since 1922, providing estate planning, probate, and tax planning services. Colden R. Battey Jr. received the 2024 Order of the Palmetto, South Carolina's highest civilian honor.
PracticesEstate PlanningEstate AdministrationProbateTax Planningand 2 more
Minor, Haight & Arundell is a Hilton Head Island firm serving Hilton Head, Okatie, Bluffton, and the rest of Beaufort County. Its tax and estate planning practice assists individuals and businesses with estate planning, probate, tax preparation, and audit representation, alongside real estate and civil litigation. The firm offers legal services in Spanish and Greek.
PracticesEstate PlanningProbateTax Planning
Office
1000 William Hilton Parkway, Suite 203, Village at WexfordHilton Head Island, SC 29938
Montgomery Law Firm is a dedicated estate planning practice serving the Lowcountry. Attorney Hunter Montgomery has focused exclusively on estate planning and probate law since joining the SC Bar in 2002. The firm is a member of the American Academy of Estate Planning Attorneys.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more
Office
10 Pinckney Colony Road, Suite 400Bluffton, SC 29910
Jolley Law Group serves Beaufort County and the Lowcountry from Hilton Head Island, Bluffton, and Beaufort, plus Columbia. Its probate practice guides personal representatives through asset inventories and appraisals, creditor notices, debts and taxes, and distributions, and handles will challenges. John M. Jolley is a Fellow of the American College of Trust and Estate Counsel.
PracticesEstate PlanningProbateElder LawBusiness Planningand 2 more
Office
99 Main Street, Suite 103Hilton Head Island, SC 29926
Levin Gilley & Fisher maintains a long-established practice founded in 1948 that focuses on representing individuals and businesses with real estate transactions, estate planning including wills and trusts, probate and trust administration, and business and corporate matters. The firm serves Beaufort, Dataw Island, Fripp Island, Port Royal, Bluffton, Hilton Head, and throughout Beaufort County.
Ruff & Ruff serves the Lowcountry from offices in Beaufort and Hilton Head Island. The firm handles estate planning, wills, trusts, advance care directives, powers of attorney, pre-nuptial and post-nuptial agreements, and fiduciary services.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Beaufort County Guides
Step-by-step tools for families in Beaufort County, South Carolina.