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.
What to Do When Someone Dies in Beaufort County, South Carolina
How probate works in Beaufort County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Beaufort County Probate Court
Beaufort County
Phone
Hours
Office
Website
Filing in person
Self-represented filing
Filing in person
Accepted payment
- At the counterCash, Check, Money order.Cash is taken in exact change. Debit and credit cards are not accepted.
Fax
Departments
- Estate intakeestateintake@bcgov.netNew estate applications, intake questions and matters that begin the probate process.
- Estate administrationestateadmin@bcgov.netInventories and appraisements, fee payments, proofs of delivery, creditor claims and other filings on an estate already open.
- Estate closingsestateclosings@bcgov.netAccountings, verified statements to close, proposals for distribution, receipts and releases, subsequent and special administration, and small estate affidavits.
- Formal proceedings and litigationestateformals@bcgov.netPetitions, summonses, motions, hearings, contested matters and service of process.
- Estate complianceestatecompliance@bcgov.netDelinquency notices, outstanding filing requirements and overdue estate documents.
- Guardianships and conservatorshipsguardianships.conservatorships@bcgov.net
- Involuntary commitmentscommitmentdept@bcgov.net
- Marriage licensesmarriagelicenses@bcgov.netApplications are taken by appointment from 9:00 a.m. to 3:00 p.m., Monday through Friday.
- Court administration1-843-255-5851
- Hilton Head Island Satellite Office1-843-255-5850 · County Government Center South, 539 William Hilton Parkway, Hilton Head Island, SC 29928 · Monday-Friday 8:00 AM-noon and 1:00 PM-5:00 PMCloses to the public at 4:30 p.m. Court business is by appointment.
- Bluffton Satellite Office1-843-255-5850 · 4819 Bluffton Parkway, Myrtle Park Building, 3rd Floor, Bluffton, SC 29910 · Monday-Friday 8:30 AM-noon and 1:00 PM-4:30 PMCourt business is by appointment.
About the court
- The court has its main office in Beaufort and satellite offices on Hilton Head Island and in Bluffton.
Verified October 16, 2026 · Source
How Probate Works in Beaufort County
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. Creditors have 8 monthsSC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Oct 19, 2026View source to present a claim, counted from the first publication of the notice to creditors.
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.
South Carolina charges $25 - $95 (graduated by the probate estate)S.C. Code Ann. § 8-21-770(B)Verified Oct 17, 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%Modeled estimate under S.C. Code § 62-3-721 (compensation of any person the PR employs, including an attorney); § 62-1-111 (costs and attorney's fees in a formal proceeding); § 62-3-720 (litigation expenses): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.3%Modeled estimate under S.C. Code § 62-3-721 (compensation of any person the PR employs, including an attorney); § 62-1-111 (costs and attorney's fees in a formal proceeding); § 62-3-720 (litigation expenses): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
South Carolina allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payS.C. Code § 62-3-719 (up to 5% of personal property + real property sale proceeds; min $50; court may authorize above 5% for extraordinary services)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
South Carolina requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under 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.
Beside the filing office, the court lists separate lines for Estate intake, Estate administration, Estate closings, and Formal proceedings and litigation.
Can You File Without an Attorney?
South Carolina has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableS.C. Code § 62-3-301Verified Sep 8, 2026View source.
For a full cost comparison and filing checklist, see the Beaufort County Self-Filing Assessment.
Beaufort County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Estate correspondence goes to one departmental inbox
Since August 31, 2026 the Estate Department is organized by area of responsibility, not by the decedent's last name. Sending the same request to more than one court email address can delay processing, and the court phone line routes callers through a menu by the kind of help needed.
SourceAfter PR appointment: must give notice to all interested persons, file inventory/appraisement, file accounting and closing documents
SourceWhat to Bring
Filed with the opening petition at the Probate Court: Death certificate — county Probate Court intake practice, not required by Title 62 or by Form 300ES; the counties differ on form (Berkeley and Horry ask for a certified copy, Charleston for the original and "no copies", Lexington and York for a copy), so confirm with the county where the estate is opened; Original will and any codicils (S.C. Code Ann. § 62-2-901, delivery of will to court); Qualification / Statement of Acceptance of the personal representative (S.C. Code Ann. § 62-3-601); Fiduciary Bond (Form 341ES) when required (S.C. Code Ann. § 62-3-603)S.C. Code Ann. §§ 62-3-301 to 62-3-311 (informal probate and appointment); §§ 62-3-401 to 62-3-414 (formal testacy and appointment); § 62-3-601 (qualification before letters); § 62-3-603 (bond)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Beaufort County
In Beaufort County certified copies of the death certificate come from South Carolina Department of Public Health - Vital Records Section; the Local Health Department files the certificate and issues no copies to the public.
Vital Records Office Record
South Carolina Department of Public Health - Vital Records Section
Beaufort County · State vital records office
Phone
Hours
Office
Website
Certified copies
Certified copy fees
| First certified copy | $12 |
| Each additional copy ordered at the same time | $3 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Beaufort County · Beaufort County Coroner
Phone
Hours
Office
Website
Cremation authorization
Mail and offices
Fax
Verified November 3, 2026 · Source
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: 1-843-255-2555. 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.
Recording Office Record
Register of Deeds
Beaufort County
Phone
Hours
Office
Website
Recording fees
| Flat fee (any length) | $15 |
S.C. Code Ann. 8-21-310(A)(1); S.C. Code Ann. 12-24-10 et seq.
Verified October 17, 2026 · Source
Probate Attorneys Serving Beaufort County
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, 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.
Minor, Haight & Arundell, P.C.
1000 William Hilton Parkway, Suite 203, Village at Wexford, Hilton Head Island, SC 29938
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.
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.
Bluffton firm serving Beaufort, Bluffton, Hardeeville, and Hilton Head. Drafts wills, revocable living trusts, financial and healthcare powers of attorney, and living wills, and guides personal representatives through probate and estate administration.
Clark & Stevens has served Hilton Head Island and the Lowcountry for over 30 years. The firm handles estate planning, wills, family trusts, living wills, medical powers of attorney, probate, long-term care planning, tax planning, and asset protection.
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.
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.
Legal Sources
(9)·
- S.C. Code § 62-3-301
- S.C. Code § 62-3-719 (up to 5% of personal property + real property sale proceeds; min $50; court may authorize above 5% for extraordinary services)
- S.C. Code Ann. § 8-21-770(B)
- S.C. Code Ann. §§ 62-3-301 to 62-3-311 (informal probate and appointment); §§ 62-3-401 to 62-3-414 (formal testacy and appointment); § 62-3-601 (qualification before letters); § 62-3-603 (bond)
- SC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806
- S.C. Code Ann. 8-21-310(A)(1); S.C. Code Ann. 12-24-10 et seq.
- Beaufort County Probate Court, official page
- Beaufort County Register of Deeds, official page
- Beaufort County vital records and death investigation offices, official page
Data sourced from South Carolina statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in South Carolina
Free tools for settling an estate in South Carolina: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
How Do I Settle an Estate?
Settling an estate in South Carolina: the personal representative files the estate inventory within 90 daysS.C. Code §§ 62-3-706, 62-3-707, 62-3-708Verified Sep 15, 2026View source of appointment; creditors have 8 monthsSC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
How Do I Settle a Trust?
Settling a trust in South Carolina happens outside court: the trustee acts under the state's Uniform Trust CodeS.C. Code Ann. § 62-7-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 90 daysS.C. Code §§ 62-7-813, 62-7-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
Can I Self-File Probate?
South Carolina has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableS.C. Code § 62-3-301Verified Sep 8, 2026View source.
Hire a South Carolina Probate Attorney
Browse vetted South Carolina attorneys handling probate matters.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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