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 Marlboro County, South Carolina
How probate works in Marlboro County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Marlboro County Probate Court
Marlboro County
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
105 East Main Street, Bennettsville, SC 29512
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredCall the office for an appointment for any questions or to open an estate.
Self-represented filing
AllowedThe court's Estate Worksheet lists the decedent's assets for the court. The filer brings it to the appointment with the original death certificate, a full obituary and the paid funeral bill.
County forms
- Estate WorksheetThe court's worksheet of the decedent's property, used to decide which estate proceeding applies.
P.O. Box 455
Bennettsville, SC 29512-0455
Fax
1-843-479-5668
Verified October 16, 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 East 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 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 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 East Main Street, Bennettsville.
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 Marlboro County are filed at the Probate Court. File in person during business hours or by mail.
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 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 marriage licenses, estates of deceased persons, wills, estates of minors and incapacitated persons, trusts, and involuntary commitments
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 Marlboro County
In Marlboro 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
Marlboro 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
Marlboro County · Marlboro County Coroner
Phone
Office
239 Throop Street, Bennettsville, SC 29512
Mail and offices
P.O. Box 901
Bennettsville, SC 29512
Fax
1-843-479-2851
Verified November 3, 2026 · Source
Transferring Property in Marlboro 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 Marlboro County are recorded with the Clerk of Court at 105 Main Street, Bennettsville, SC 29512. Phone: 1-843-479-5613.
Documents submitted by mail go to P.O. Box 996, Bennettsville, SC 29512.
The Clerk of Court charges $15 flat, regardless of page count.
Recording Office Record
Clerk of Court
Marlboro County
Phone
Office
105 Main Street, Bennettsville, SC 29512
Website
P.O. Box 996
Bennettsville, SC 29512
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 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, 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.
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.
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.
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.
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.
- Marlboro County Probate Court, official page
- Marlboro County Clerk of Court, official page
- Marlboro 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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