Horger, Barnwell & McCurry has served Orangeburg and the surrounding area since 1950, handling probate, estate planning, wills, and elder law. The firm brings over 88 combined years of legal experience with an AV Preeminent peer review rating from Martindale-Hubbell.
What to Do When Someone Dies in Calhoun County, South Carolina
How probate works in Calhoun County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Calhoun County Probate Court
Calhoun County
Phone
Office
902 F.R. Huff Drive, St. Matthews, SC 29135
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredVisitors are seen by appointment, booked by calling 803-874-3514, and a party is limited to two people (one preferred for estates). Many services are handled by phone, email or the website's contact form.
Self-represented filing
AllowedThe court cannot give legal advice. Its Full Estate and Small Estates pages list what to file and carry the forms to download.
Accepted payment
- At the counterCash, Check, Money order.The court accepts cash, checks and money orders, and cannot take credit or debit cards.
Fax
1-803-874-1942
About the court
- Copies of estate files are obtained by visiting the court, and an online search shows whether an estate is filed in Calhoun County.
Verified October 16, 2026 · Source
How Probate Works in Calhoun 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 Calhoun County, probate runs through the Probate Court at 902 F.R. Huff Drive, St. Matthews.
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 Calhoun County
What probate costs in Calhoun 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 902 F.R. Huff Drive, St. Matthews.
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 Calhoun County are filed at the Probate Court. File in person during business hours or by mail.
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 Calhoun County Self-Filing Assessment.
Calhoun 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
Form 300ES must be submitted to open a full estate
The original will, a copy of the death certificate, the funeral receipt, Form 300ES and the Information to Heirs with its Proof of Delivery go to the court with $30.00, by mail or in person.
SourceSmall estate: no land owned, assets under $45,000, 30 days must pass since death
The death certificate and a copy of the funeral bill are furnished to the court, and an appointment is set by calling the court.
SourceThe court publishes the notice to creditors in The Calhoun Times Leader
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 Calhoun County
In Calhoun 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
Calhoun County · State vital records office
Phone
Hours
Monday, Tuesday, Thursday, Friday 8:30 AM-5:00 PM; Wednesday 9:30 AM-5:00 PM
Office
2600 Bull Street, Columbia, SC 29201
Website
Certified copies
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 Section
P.O. Box 2046
West Columbia, SC 29171
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
Calhoun County · Calhoun County Coroner
Phone
Verified November 3, 2026 · Source
Transferring Property in Calhoun 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 Clerk of Court.
Deeds and other real property documents for Calhoun County are recorded with the Clerk of Court at 902 F.R. Huff Drive, St. Matthews, SC 29135. Phone: 1-803-874-3524. Hours: Monday-Friday 9:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 709, St. Matthews, SC 29135.
The Clerk of Court charges $15 flat, regardless of page count.
Recording Office Record
Clerk of Court
Calhoun County
Phone
Hours
Monday-Friday 9:00 AM-5:00 PM
Office
902 F.R. Huff Drive, St. Matthews, SC 29135
Website
P.O. Box 709
St. Matthews, SC 29135
Fax
1-803-874-1942
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 Calhoun County
South Carolina allows informal probate, so many families settle straightforward estates in Calhoun 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 Calhoun 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.
Aiken firm handling estates administered through the Aiken County Probate Court and elsewhere in South Carolina. Attorney Chris Austin leads the estate planning, probate, and tax practice, covering probate administration, estate and trust administration for domestic and international estates, and living trusts to avoid probate. The firm also handles business law and commercial real estate.
Columbia firm based in the downtown Palmetto Armory Building, serving families and businesses across the Midlands. Its tax, estate planning, and probate team handles probate, estate and trust administration, and fiduciary litigation, along with wills, trusts, and business succession planning. The team includes an ACTEC Fellow and a certified specialist in estate and probate law.
Finkel Law Firm LLC was founded in 1970 and provides legal counsel in estate planning, probate, and more. Their Columbia probate lawyers have 50+ years of experience in probate administration and litigation cases.
Strom Law Firm offers Columbia, South Carolina probate and estate planning legal services. Founded in 1996 by former U.S. Attorney Pete Strom, the firm offers assistance with wills and trusts, planning for the future, probating estates of loved ones, and challenging inheritance portions.
Columbia firm focused on tax law, estate planning, probate, trust administration, and business planning. Founding attorney Jeff Z. Brooker III has been recognized in Best Lawyers in America since 2012.
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.
- Calhoun County Probate Court, official page
- Calhoun County Clerk of Court, official page
- Calhoun 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.
See the Steps
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.
See the Steps
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.
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