Cheraw firm handling probate court matters, advance planning, real estate, family court, bankruptcy, and business formation. Primary service area is Marlboro and Darlington counties, with probate matters handled in Chesterfield County.
What to Do When Someone Dies in Darlington County, South Carolina
How probate works in Darlington County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Darlington County Probate Court
Darlington County
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
1 Public Square, 4th Floor, Room 404, Darlington, SC 29532
Website
Self-represented filing
Allowed
Self-help forms
Self-represented filing
AllowedThe court directs filers to the statewide probate court forms on the South Carolina Judicial Branch website.
Fax
1-843-398-4076
Departments
- Probate Court, second line1-843-398-4311
About the court
- Marriage license applications are accepted in person Monday through Friday, 9:00 a.m. to 4:30 p.m.
Verified October 16, 2026 · Source
How Probate Works in Darlington 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 Darlington County, probate runs through the Probate Court at 1 Public Square, 4th Floor, Room 404, Darlington.
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 Darlington County
What probate costs in Darlington 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 1 Public Square, 4th Floor, Room 404, Darlington.
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 Darlington County are filed at the Probate Court. File in person during business hours or by mail.
Beside the filing office, the court lists a separate line for Probate Court, second line.
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 Darlington County Self-Filing Assessment.
Darlington 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
Marriage License office located at Room 404, 4th Floor, Darlington County Court House (same office as Probate Court)
SourceSmall Estate Administration available when the estate less liens and encumbrances does not exceed $45,000; cannot take place until 30 days after death, and requires the death certificate and a copy of the funeral bill
SourceAn estate of a decedent who died more than ten years ago is opened through an attorney
SourceDocument Requirements
Original documents must be filed; faxed and emailed documents cannot be accepted
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 Darlington County
In Darlington 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
Darlington 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
Darlington County · Darlington County Coroner's Office
Verified November 3, 2026 · Source
Transferring Property in Darlington 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 Darlington County are recorded with the Clerk of Court at 110 North Main Street, Darlington, SC 29532. Phone: 1-843-398-4330.
The Clerk of Court charges $15 flat, regardless of page count.
Darlington County accepts electronic recording through Simplifile and CSC.
Recording Office Record
Clerk of Court
Darlington County · Register of Deeds
Phone
Office
110 North Main Street, Darlington, SC 29532
Website
E-recording
Fees
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 Darlington County
South Carolina allows informal probate, so many families settle straightforward estates in Darlington 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 Darlington 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.
Dillon firm handling probate and estate planning, including wills, trusts, and revocable living trusts, along with personal injury and other general practice. Serves Dillon, Latta, Mullins, Lake View, Bennettsville, Marlboro County, Darlington, Marion, and Florence.
One of South Carolina's oldest law firms, Willcox, Buyck & Williams has served the Pee Dee and Grand Strand regions since 1895. The firm provides estate planning, probate, wills, trusts, and healthcare directive services from offices in Florence and Myrtle Beach.
Bledsoe Law Firm has served the Darlington County and Pee Dee region since 1973. The firm handles wills, powers of attorney, probate, and estate administration alongside personal injury and disability cases.
Hartsville general-practice firm whose estate-side practice covers wills, powers of attorney, estate planning, and probate administration. Two attorneys staff the firm: Benson H. Driggers and Martin S. Driggers Jr.
Florence and Hartsville firm whose estate planning practice covers last will and testaments, powers of attorney, living wills, healthcare powers of attorney, and deed transfers, alongside personal injury, workers compensation, real estate, and family law.
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.
- Darlington County Probate Court, official page
- Darlington County Clerk of Court, official page
- Darlington 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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