What to Do When Someone Dies in Florence County, South Carolina
Probate in Florence 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 Florence 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.
Probate Court Record
Probate Court
Florence County
Address
181 N. Irby Street, Suite 1300Florence, SC 29501-3456
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 Florence County, probate runs through the Probate Court at 181 N. Irby Street, Suite 1300, Florence.
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 Florence County
What probate costs in Florence 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 181 N. Irby Street, Suite 1300, Florence.
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 Florence County are filed at the Probate Court. File in person during business hours or by mail.
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.
Small Estate Administration (Form 420ES) when there is no real property and personal property does not exceed $45,000 (SC Code 62-3-1201, raised from $25,000 effective May 2025); cannot take place until 30 days after death, and requires the death certificate and a copy of the funeral bill
Will must be filed with the Court within 30 days from date of death; most estates proceed informally with no notices or hearings unless demanded (SC Code 62-3-204)
An appointment is required to file in person. Drop off the completed Form 300ES package (full estate) or Form 420ES small estate packet with required documents and court costs; an estate clerk contacts you within 48 hours (allow 5 business days for small estates) to schedule an appointment. Walk-ins are scheduled to meet with their assigned case worker. Paperwork may also be mailed to Florence County Probate Court, 181 N. Irby St., Suite 1300.
Accepted payment
Check. Court costs paid by check made payable to the Florence County Probate Court.
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 Florence 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 Florence County are recorded with the Register of Deeds at 180 N. Irby Street, Florence, SC 29501. Phone: 843-665-3032.
The Register of Deeds charges $15 flat, regardless of page count.
South Carolina allows informal probate, so many families settle straightforward estates in Florence 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 Florence 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.
Mullins firm serving Marion County and surrounding areas. Practice areas include wills, trusts, estate planning, probate, real estate, and business and corporate law. Also assists with matters in Horry, Dillon, and Florence counties.
PracticesEstate PlanningProbateBusiness PlanningReal Estateand 2 more
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.
Finklea, Hendrick & Blake has served the Pee Dee region since 2004 with offices in Florence, Marion, and Hemingway. The firm handles probate and estate planning alongside personal injury, real estate, family law, and criminal defense, with seven attorneys on staff.
King, Love & Hupfer is a Florence law firm providing estate planning, probate administration, and trust services. The firm prepares wills, living trusts, durable powers of attorney, and healthcare directives, and represents clients in probate litigation and conservator appointments.
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.
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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Florence County Guides
Step-by-step tools for families in Florence County, South Carolina.