Horger, Barnwell & McCurry has served Orangeburg and the surrounding area since 1950, handling probate, estate planning, wills, and elder law. The firm brings over 88 combined years of legal experience with an AV Preeminent peer review rating from Martindale-Hubbell.
What to Do When Someone Dies in Orangeburg County, South Carolina
How probate works in Orangeburg County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Orangeburg County Probate Court
Orangeburg County
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
151 Docket Street, Room 105, Orangeburg, SC 29115
Website
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
Filing in person
Walk-ins acceptedWalk-ins accepted Monday through Thursday; Fridays are appointment only.
Self-represented filing
AllowedThe county forms page carries the opening documents, a sample 300ES, the small estate affidavit and full and sole-heir closing packets. Staff notarize the application when the applicant signs it in person.
Self-help center
- Self-help serviceThe court holds virtual estate opening and closing workshops, booked through the tickets on its page, and posts a prerecorded closing workshop video. A Family Settlement Agreement form is also on the page.
P.O. Drawer 9000
Orangeburg, SC 29116
Fax
1-803-533-6279
About the court
- The Probate Court is on the first floor of the courthouse. Street parking near the courthouse is limited to one hour and ticketed by the City, and more parking is behind Smiley's Presto Shine and Muffler Center.
Verified October 16, 2026 · Source
How Probate Works in Orangeburg 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 Orangeburg County, probate runs through the Probate Court at 151 Docket Street, Room 105, Orangeburg.
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 Orangeburg County
What probate costs in Orangeburg 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 151 Docket Street, Room 105, Orangeburg.
Procedures at this court that affect cost: The court publishes the notice to creditors in the Times and Democrat, and the publication cost is charged on top of the filing fee.
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 Orangeburg County are filed at the Probate Court. File in person during business hours or by mail.
The court holds virtual estate opening and closing workshops, booked through the tickets on its page, and posts a prerecorded closing workshop video. A Family Settlement Agreement form is also on the page.
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 Orangeburg County Self-Filing Assessment.
Orangeburg 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
Call the estate clerk to arrange an appointment if the court has not made contact within five days of the application
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 Orangeburg County
In Orangeburg 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
Orangeburg 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
Orangeburg County · Orangeburg County Coroner
Phone
Website
Verified November 3, 2026 · Source
Transferring Property in Orangeburg 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 Orangeburg County are recorded with the Register of Deeds at 151 Docket Street, Room 108, Orangeburg, SC 29116. Phone: 1-803-533-6235. Hours: Monday-Friday 8:30 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 9000, Orangeburg, SC 29116.
The Register of Deeds charges $15 flat, regardless of page count.
Orangeburg County accepts electronic recording through Simplifile.
Recording Office Record
Register of Deeds
Orangeburg County
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
151 Docket Street, Room 108, Orangeburg, SC 29116
Website
E-recording
P.O. Box 9000
Orangeburg, SC 29116
Fax
1-803-533-2354
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 Orangeburg County
South Carolina allows informal probate, so many families settle straightforward estates in Orangeburg 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 an Orangeburg 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.
Johnson DuRant, LLC is a general practice firm with offices in Manning and Santee handling estate planning, wills, trusts, and probate administration, along with real estate, business law, criminal defense, and personal injury matters for Clarendon and Orangeburg County clients.
Serves Sumter and the surrounding Lee and Clarendon counties from West Calhoun Street in Sumter. Represents families in probate court when a relative dies without a will or a will is contested, and drafts wills and durable and healthcare powers of attorney, alongside personal injury, family, and real estate work. The first consultation is free.
Aiken firm handling estates administered through the Aiken County Probate Court and elsewhere in South Carolina. Attorney Chris Austin leads the estate planning, probate, and tax practice, covering probate administration, estate and trust administration for domestic and international estates, and living trusts to avoid probate. The firm also handles business law and commercial real estate.
Columbia firm based in the downtown Palmetto Armory Building, serving families and businesses across the Midlands. Its tax, estate planning, and probate team handles probate, estate and trust administration, and fiduciary litigation, along with wills, trusts, and business succession planning. The team includes an ACTEC Fellow and a certified specialist in estate and probate law.
Finkel Law Firm LLC was founded in 1970 and provides legal counsel in estate planning, probate, and more. Their Columbia probate lawyers have 50+ years of experience in probate administration and litigation cases.
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.
- Orangeburg County Probate Court, official page
- Orangeburg County Register of Deeds, official page
- Orangeburg 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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