What to Do When Someone Dies in Marlboro County, South Carolina
Probate in Marlboro 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 Marlboro 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
Marlboro County
Address
Phone
Fax
Hours
Mailing address: PO Box 455, Bennettsville, SC 29512-0455. Appointments requested for inquiries.
Verified July 5, 2026 · Source
How Probate Works in Marlboro 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 Marlboro County, probate runs through the Probate Court at 105 E. Main Street, Bennettsville.
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 monthsS.C. Code § 62-3-719 (PR compensationVerified Jul 14, 2026View source to 18 monthsS.C. Code § 62-3-719 (PR compensationVerified Jul 14, 2026View source to move through this process. The 8 monthsS.C. Code § 62-3-803Verified Jul 14, 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 Marlboro County
What probate costs in Marlboro 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 105 E. Main Street, Bennettsville.
Local procedures at this court: Handles probate of wills, settlement of estates, adoptions and guardianships, name changes, correction of vital records, and uniform gifts to minors; Estate court records searchable online through the South Carolina probate records portal (southcarolinaprobate.net). These are county-specific and not posted on the statewide court site.
South Carolina charges Flat lower brackets, then 0.15% of value between $100K and $600K, then 0.25% of value over $600K (uncapped)S.C. Code Ann. § 8-21-770(B)Verified Jul 14, 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 § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jul 14, 2026View source to 3.3%S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jul 14, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in South Carolina, typically 5%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)Verified Jul 14, 2026View source to 5%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)Verified Jul 14, 2026View source of estate value. Family executors 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 Jul 14, 2026View source of estate value annually.
Probate in South Carolina typically runs 9 monthsS.C. Code § 62-3-719 (PR compensationVerified Jul 14, 2026View source to 18 monthsS.C. Code § 62-3-719 (PR compensationVerified Jul 14, 2026View source, and costs accrue throughout. The 8 monthsS.C. Code § 62-3-803Verified Jul 14, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Probate Court
Probate cases in Marlboro County are filed at the Probate Court. File in person during business hours or by mail.
How to File Your Documents
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.
For a full cost comparison and filing checklist, see the Marlboro County Self-Filing Assessment.
Marlboro County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Records Access
Estate court records searchable online through the South Carolina probate records portal (southcarolinaprobate.net)
SourceOther Requirements
Handles probate of wills, settlement of estates, adoptions and guardianships, name changes, correction of vital records, and uniform gifts to minors
Before You Go
An appointment is required to file in person. Call the office for an appointment for any questions or to open an estate.
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 Marlboro County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the Clerk of Court.
Recording Office Record
Clerk of Court
Marlboro County
Address
Phone
E-recording
Recording fees
| Flat fee (any length) | $15 |
| Affidavit for Taxable or Exempt Transfers (affidavit of true consideration)RequiredEvery deed presented for recordingS.C. Code 12-24-70(A)(1): the clerk of court or register of deeds SHALL require an affidavit showing the value of the realty to be filed with a deed, signed by a responsible person connected with the transaction (who must state that connection); the recorder may waive it at his discretion. For an EXEMPT deed the value need not be stated, but the affidavit must state the REASON the deed is exempt (12-24-70(A)(2)). No affidavit is required for a deed of distribution under 62-3-907 (12-24-70(D)). A wilfully false affidavit is a misdemeanor (12-24-70(C)). No separate fee when filed with the deed — the $10 fee in 8-21-310(B)(3) applies only to affidavits NOT attached to another document being recorded. | $0 |
FLAT FEE, NO PAGE COMPONENT. Recording a deed to real estate costs a flat $15 regardless of page count (S.C. Code 8-21-310(A)(1)); a 2-page deed and a 40-page deed cost the same. Mortgages, land sale contracts, leases, easements, plats, UCC filings, and powers of attorney are a flat $25 (8-21-310(A)(2)); satisfactions, releases, assignments, and memoranda of trust are a flat $10 (8-21-310(B)). These amounts are uniform across all 46 counties — 2019 Act No. 58 (H.3243), eff Aug. 1, 2019, replaced the old per-page schedule. SEPARATE from the recording fee, the deed recording fee ("deed stamps") of $1.85 per $500 of value applies to conveyances for consideration, and an affidavit of value must accompany every deed (12-24-70). E-recording is authorized statewide but optional per county (S.C. Code 30-6-10 et seq., URPERA); where offered it is typically limited to attorneys, lenders, and title companies, so an individual filer generally records on paper or by mail.
S.C. Code Ann. 8-21-310(A)(1); S.C. Code Ann. 12-24-10 et seq.
Transfer tax
$1.85 per $500 of value, or fractional part of $500 (S.C. Code 12-24-10(A)), composed of a $1.30 state fee and a $0.55 county fee (S.C. Code 12-24-90(A)) State; None beyond the $0.55-per-$500 county portion already inside the $1.85 rate. SC counties may not levy an additional local transfer tax. local. Exemptions are in S.C. Code 12-24-40: value of $100 or less (1); transfers to federal/state/local government (2); IRC 1041 divorce transfers (4); partition (5); family partnership or family trust transfers without consideration (9); corrective or quitclaim deeds confirming title already vested, with no consideration (12); deeds in lieu of foreclosure (13). Separately, S.C. Code 12-24-10(B) puts two death-transfer instruments outside the chapter entirely: a deed of distribution to a decedent's distributee under 62-3-907, and a deed transferring realty from a trust to a trust distributee on the settlor's death. Deduction from value allowed for a lien existing before and remaining after the transfer (12-24-30(B)). Fee is the grantor's liability (12-24-20(A)).
Verified July 14, 2026 · Source
Probate Attorneys Serving Marlboro County
South Carolina allows informal probate, so many families settle straightforward estates in Marlboro 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 § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jul 14, 2026View source to 3.3%S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jul 14, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Marlboro 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.
Pee Dee / Florence Firms
Ingram Law Firm
Solo PracticeCheraw 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.
Location
217 Second StreetCheraw, SC 29520
Phone
(843) 537-6565
Service Area
3 counties
McKenzie Law Firm, P.C.
Solo PracticeDillon 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.
Location
204 North 1st AvenueDillon, SC 29536
Phone
(843) 627-4235
Service Area
5 counties
Bledsoe Law Firm, LLC
Solo PracticeBledsoe 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.
Location
325 West Home AvenueHartsville, SC 29550
Phone
(843) 332-2255
Established
1973
Driggers Law Firm
FirmHartsville 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.
Location
323 West Home AvenueHartsville, SC 29551
Phone
(843) 332-5151
Finklea, Hendrick & Blake, LLC
FirmFinklea, 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.
Location
814 West Evans StreetFlorence, SC 29501
Phone
(843) 317-4900
Established
2004
King, Love & Hupfer, LLC
FirmKing, 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.
Location
135 South Dargan Street, Suite 201Florence, SC 29506
Phone
(843) 407-5525
Lucas, White & Mitchell
FirmFlorence 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.
Location
2917 W. Palmetto StreetFlorence, SC 29501
Phone
(843) 665-8187
The Conner Law Firm, P.C.
Solo PracticeThe Conner Law Firm has more than two decades of experience representing clients throughout Darlington County and the Pee Dee region in estate administration, elder law, and business succession planning. The firm also serves clients in Sumter, Florence, Camden, Pageland, and Dillon.
Location
115 Cargill Way, Suite C2Hartsville, SC 29550
Phone
(843) 332-1678
Statewide Practices
Kirby Law, LLC
FirmKirby Law, LLC is a boutique Estate Planning and Probate law firm serving the entire state of South Carolina. Since 2005, the principal attorney has been designated by the Supreme Court of South Carolina as a Certified Specialist in Estate Planning and Probate Law. Angela Kirby is both a CPA and an Attorney, and was an Associate Probate Judge for Richland County Probate Court for over five years.
Location
828 Woodrow StreetColumbia, SC 29205
Phone
(803) 256-6401
Service Area
Statewide
Parker Law, LLC
FirmParker Law handles estate planning, probate, estate and trust litigation, guardianship, and conservatorship matters from offices in Columbia and Chapin. Gregory E. Parker, Jr. is recognized as a Rising Star by Super Lawyers in estate and trust litigation.
Location
1314 Lincoln Street, Suite 210Columbia, SC 29201
Phone
(803) 784-4203
Established
2019
Service Area
Statewide
Stratton & Reynolds, LLC
FirmStratton & Reynolds, LLC serves individuals and families with a special emphasis on the elderly and aging populations. The attorneys offer estate planning services for personal estates and businesses, as well as expertise in elder law, Medicaid and skilled nursing care planning, and probate avoidance.
Location
905 Old Cherokee RoadLexington, SC 29072
Phone
(803) 358-7214
Service Area
Statewide
Turner Padget Graham & Laney, P.A.
FirmTurner Padget is one of South Carolina's largest full-service law firms, established in 1903. Their Wealth & Estate Planning practice includes nine members of the American College of Trust and Estate Counsel (ACTEC), attorneys with SC Supreme Court certified specialist designations, and a former Probate Court Judge.
Location
1901 Main Street, 9th FloorColumbia, SC 29201
Phone
(803) 254-2200
Established
1903
Service Area
Statewide
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
- S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)
- S.C. Code § 62-3-603
- S.C. Code § 62-3-719 (PR compensation
- 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 § 62-3-803
- S.C. Code Ann. § 8-21-770(B)
Data sourced from South Carolina statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Probate Court in Marlboro County, attaching the original will (if any), the death certificate, and the filing fee (about $695). Once the court issues letters, the personal representative can act.
Total probate costs on a $500,000 estate run about $41,437 statewide in South Carolina. For Marlboro County, that means filing fees (about $695 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Marlboro County typically requires in-person or mail filing for probate petitions. Check the court's website for the latest procedures — some counties have added e-filing for specific document types.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The South Carolina self-filing assessment scores whether this estate can be handled without one.
A simple South Carolina probate typically closes in 6–9 months; average estates run 9–18 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Marlboro County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
