What to Do When Someone Dies in Georgetown County, South Carolina
Probate in Georgetown 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 Georgetown 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.
Estate DivisionProbate of wills, will challenges, will interpretation, personal representative appointment, asset transfer oversight.
Protective Court DivisionEstate/trust disputes, involuntary commitments, guardian/conservator appointment and supervision, minor and wrongful death settlement approvals.
Therapeutic Court DivisionInvoluntary commitments for mental illness, intellectual disability, substance abuse, and tuberculosis.
Marriage License DivisionApplication, issuance, and recording of marriage licenses.
Four divisions: Estate, Protective Court, Therapeutic Court, and Marriage License. Closed on legal holidays.
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 Georgetown County, probate runs through the Probate Court at 401 Cleland Street, Room 140, Georgetown.
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 Georgetown County
What probate costs in Georgetown 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 401 Cleland Street, Room 140, Georgetown.
Probate matters are handled through Estate Division, Protective Court Division, Therapeutic Court Division, and Marriage License Division. Filing and payment go through these offices, not the main clerk window.
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 Georgetown County are filed at the Probate Court. File in person during business hours or by mail.
Filings here are routed through Estate Division, Protective Court Division, Therapeutic Court Division, and Marriage License Division. Confirm with the office which intake handles the petition type you're filing.
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.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
SC state probate forms linked from county website; staff directory published online
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 Georgetown 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 Georgetown County are recorded with the Register of Deeds at P.O. Box 421270, Georgetown, SC 29442. Phone: 843-545-3088.
The Register of Deeds charges $15 flat, regardless of page count.
South Carolina allows informal probate, so many families settle straightforward estates in Georgetown 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 Georgetown 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.
Harmon & Felts has served Georgetown County with probate, wills, real estate closings, and personal injury services. The firm maintains offices in Georgetown and Pawleys Island.
Scott W. Hutto is certified by the South Carolina Supreme Court as a specialist in estate planning and probate law since 2005. A Wofford College and USC School of Law graduate, Hutto served in the U.S. Army before opening his practice in Georgetown, serving Georgetown and Horry counties.
O'Donnell & Stephens has served Georgetown County for over 75 years. Robert H. O'Donnell has practiced since 1974 and has served as Municipal Court Judge for Georgetown since 1976. The firm handles estate planning, probate, real estate, and civil litigation.
Myrtle Beach estate law practice serving the Grand Strand, including North Myrtle Beach, Surfside Beach, and Murrells Inlet. Guides families through probate administration in South Carolina county probate courts, along with trust administration, wills, trusts, and powers of attorney. Owner and lead attorney Matthew Hurst also handles business formation, including LLCs and corporations.
PracticesEstate PlanningTrust AdministrationProbateBusiness Planningand 2 more
Myrtle Beach firm serving the Grand Strand, including Conway, North Myrtle Beach, Murrells Inlet, and Pawleys Island. Represents executors and administrators through probate and estate administration, including court filings, inventories, creditor claims, and final accountings, and handles will contests. The firm also handles wills, trusts, asset protection, and Medicaid planning.
PracticesEstate PlanningTrust AdministrationProbateAsset Protectionand 2 more
Office
4420 Oleander Drive, Suite 203Myrtle Beach, SC 29577
Myrtle Beach firm in practice since 1996. Handles probate administration to settle estates under South Carolina law, along with estate planning, elder law, and Medicaid planning for long-term care. Attorney Bret H. Davis is a certified public accountant licensed to practice law in South Carolina and North Carolina.
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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Georgetown County Guides
Step-by-step tools for families in Georgetown County, South Carolina.