How probate works in Colleton County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Colleton County
Phone
Hours
Office
Website
Self-represented filing
Self-help forms
Self-represented filing
Self-help center
County forms
Fax
About the court
Verified October 16, 2026 · Source
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 Colleton County, probate runs through the Probate Court at 239 North Jefferies Boulevard, Walterboro.
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 Colleton 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 239 North Jefferies Boulevard, Walterboro.
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.
Probate cases in Colleton County are filed at the Probate Court. File in person during business hours or by mail.
How-to videos plus topic FAQs (Estate, Marriage License, Mental Health, Protected Persons) and an online "Ask a Question" form on the county website.
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 Colleton County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
How-to videos for probate processes available on county website
The videos cover opening an estate, serving as personal representative, the information to heirs and the inventory, creditors, and closing the estate.
SourceFiled 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.
In Colleton 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
Colleton 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
Colleton County · Colleton County Coroner
Phone
Hours
Office
Website
Mail and offices
Fax
Verified November 3, 2026 · Source
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 Colleton County are recorded with the Register of Deeds at 31 Klein Street, Room 115, Walterboro, SC 29488. Phone: 1-843-542-2745. Hours: Monday-Friday 8:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 157, Walterboro, SC 29488.
The Register of Deeds charges $15 flat, regardless of page count.
Recording Office Record
Colleton County
Phone
Hours
Office
Website
Fax
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
South Carolina allows informal probate, so many families settle straightforward estates in Colleton 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 Colleton 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.
FirmBeaufort, SC
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 PlanningProbateTax PlanningTrustsWills
Solo PracticeWalterboro, SC
Walterboro firm serving Colleton County and the Lowcountry. Estate work covers wills, trusts, and durable powers of attorney, and guiding families through estate administration and probate. The firm also handles personal injury, family law, and civil litigation.
PracticesEstate PlanningProbateWills
Solo PracticeBluffton, SC
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.
PracticesEstate PlanningProbateProbate LitigationBusiness Planningand 3 more
FirmHilton Head Island, SC
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.
PracticesEstate PlanningProbateElder LawTax Planningand 3 more
FirmCharleston, SC
Evans, Carter, Kunes & Bennett is located in the heart of downtown Charleston. With over 100 years of collective experience in taxation and estate tax planning, the attorneys assist clients in income taxation, estate planning, probate, trust law and charitable organizations. Each attorney holds a Masters of Law in Taxation or Estate Planning.
PracticesEstate PlanningTrust AdministrationProbateTax PlanningCharitable Planning
FirmMount Pleasant, SC
Mount Pleasant firm practicing in estate planning and probate law, serving clients throughout the Charleston and Lowcountry regions. Practice covers wills and trusts, probate and administration, and powers of attorney.
PracticesEstate PlanningProbateTrustsWills
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.
Data sourced from South Carolina statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Free tools for settling an estate in South Carolina: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
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.
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.
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.
Browse vetted South Carolina attorneys handling probate matters.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
Enter the estate value to see South Carolina attorney fees, executor fees, court costs and the timeline.
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
Enter the estate value to see whether South Carolina lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
