What to Do When Someone Dies in Sumter County, South Carolina
Probate in Sumter 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 Sumter 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
Sumter County
Address
215 N. Harvin StreetSumter, SC 29150-4965
Phone
Fax
803-436-2407
Hours
Monday - Friday, 8:30 AM - 5:00 PM
Paper filing availableSelf-filing allowed
Verified June 2, 2026 · Source
How Probate Works in Sumter 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 Sumter County, probate runs through the Probate Court at 215 N. Harvin Street, Sumter.
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 Jun 11, 2026View source to 18 monthsS.C. Code § 62-3-719 (PR compensationVerified Jun 11, 2026View source to move through this process. The 8 monthsS.C. Code § 62-3-803Verified Jun 11, 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 Sumter County
What probate costs in Sumter 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 215 N. Harvin Street, Sumter.
South Carolina charges Flat lower tiers, then 0.15% over $100K to $600K and 0.25% over $600KS.C. Code Ann. § 8-21-770(B)Verified Jun 11, 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%S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jun 11, 2026View source to 4%S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jun 11, 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 Jun 11, 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 Jun 11, 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 Jun 11, 2026View source of estate value annually.
Probate in South Carolina typically runs 9 monthsS.C. Code § 62-3-719 (PR compensationVerified Jun 11, 2026View source to 18 monthsS.C. Code § 62-3-719 (PR compensationVerified Jun 11, 2026View source, and costs accrue throughout. The 8 monthsS.C. Code § 62-3-803Verified Jun 11, 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 Sumter 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.
For a full cost comparison and filing checklist, see the Sumter County Self-Filing Assessment.
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 Sumter 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 Register of Deeds.
Recording Office Record
Register of Deeds
Sumter County · Register of Deeds
Address
141 N. Main Street, Room 202Sumter, SC 29150
Phone
E-recording
Not available
Recording fees
| Base recording fee | $15 |
South Carolina charges a flat $15 fee for recording a deed to real estate (S.C. Code 8-21-310). There is no per-page fee. Mortgages, easements, powers of attorney, and other instruments are $25. The deed recording fee (transfer tax) of $1.85 per $500 of value is separate and applies to conveyances involving consideration. Contact the specific county Register of Deeds or Clerk of Court for current fee confirmation.
S.C. Code 8-21-310; S.C. Code 12-24-10 et seq.
Transfer tax
$1.85 per $500 of value ($3.70 per $1,000): $1.30 state + $0.55 county (S.C. Code 12-24-10; 12-24-90) State; County portion of $0.55 per $500 is included in the $1.85 total rate. No additional local transfer tax beyond this. local. Deed recording fee exemptions listed in S.C. Code 12-24-40 include transfers valued at $100 or less, transfers to government entities, IRC 1041 transfers, corrective/quitclaim deeds, and foreclosure deeds. TOD designations for personal property (vehicles, watercraft) are available under S.C. Code 62-6-401.
Appointed Register of Deeds.
Verified March 22, 2026 · Source
Probate Attorneys Serving Sumter County
South Carolina allows informal probate, so many families settle straightforward estates in Sumter 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%S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jun 11, 2026View source to 4%S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jun 11, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Sumter 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.
Midlands / Columbia Firms
Blair Cato Pickren Casterline, LLC
FirmBlair Cato Pickren Casterline serves clients from multiple offices across South Carolina. Their estate planning attorneys help clients create wills and trusts while guiding families through the probate process.
Location
700 Huger Street, Suite 102Columbia, SC 29201
Phone
(803) 400-8600
Service Area
4 counties
Estate PlanningProbate
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Collins Family & Elder Law Group
FirmCollins Family & Elder Law Group provides estate planning, family law, and elder law services from 14 offices across North and South Carolina. The Columbia office offers guidance on wills, trusts, powers of attorney, guardianships, conservatorships, and estate administration.
Location
1332 Main Street, Suite 201Columbia, SC 29201
Phone
(803) 590-6982
Established
1995
Service Area
6 counties
Estate PlanningWillsTrustsProbateElder LawGuardianshipConservatorship
Free consultationVisit site
Hardy Law Firm, LLC
Solo PracticeHardy Law Firm focuses on estate planning, probate, elder law, and business law in Lexington, South Carolina. Kevin Hardy prepares wills, living wills, trusts, health care powers of attorney, and durable powers of attorney for clients across the Midlands.
Location
309 North Lake DriveLexington, SC 29072
Phone
(803) 832-4600
Service Area
5 counties
Estate PlanningWillsTrustsProbateElder Law
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Payne & Black, LLC
FirmPayne & Black is a leading elder law and estate planning firm with offices in Columbia and Rock Hill. Mitchell C. Payne is a founding board member of the Carolinas Chapter of the National Academy of Elder Law Attorneys and a frequent lecturer on elder law, Medicaid, and asset protection.
Location
1531 Blanding StreetColumbia, SC 29201
Phone
(803) 799-0554
Service Area
6 counties
Elder LawEstate PlanningWillsTrustsProbateMedicaid PlanningAsset ProtectionGuardianship
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Stuckey, Fata & Segars, LLC
FirmStuckey, Fata & Segars, LLC is a Bishopville firm with a primary practice in probate, estate matters, and real estate, alongside personal injury and family law, serving Lee County and the surrounding Midlands and Pee Dee counties.
Location
115 East Church StreetBishopville, SC 29010
Phone
(803) 484-5409
Service Area
6 counties
ProbateEstate PlanningReal Estate
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Todd and Johnson, LLP
FirmTodd and Johnson was founded in Columbia in 1980 with a focus on estate planning, trusts, probate, and tax law. Multiple attorneys hold the Certified Specialist designation in Estate Planning and Probate Law from the SC Supreme Court, and several are Fellows of the American College of Trust and Estate Counsel (ACTEC).
Location
609 Sims AvenueColumbia, SC 29205
Phone
(803) 252-1500
Established
1980
Service Area
6 counties
Estate PlanningTrustsProbateTax PlanningTrust AdministrationAsset Protection
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Austin & Pethick Law Firm, P.C.
FirmAustin & Pethick Law Firm serves Aiken and western South Carolina with estate planning, probate, tax law, and business law services. Christopher Austin holds the Accredited Estate Planner designation from the National Association of Estate Planners & Councils and an LL.M. in taxation.
Location
115 Hearthstone DriveAiken, SC 29803
Phone
(803) 226-0453
Estate PlanningProbateTax PlanningBusiness Planning
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Finkel Law Firm LLC
FirmFinkel 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.
Location
1720 Main Street, Suite 303Columbia, SC 29201
Phone
(803) 470-0118
Established
1970
Estate PlanningProbateTrust AdministrationProbate LitigationWills
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Strom Law Firm, L.L.C.
FirmStrom Law Firm offers Columbia, South Carolina probate and estate planning legal services. Founded in 1996 by former U.S. Attorney Pete Strom, the firm offers assistance with wills and trusts, planning for the future, probating estates of loved ones, and challenging inheritance portions.
Location
6923 N Trenholm RoadColumbia, SC 29206
Phone
(803) 252-4800
Established
1996
Estate PlanningProbateWillsTrusts
Free consultationVisit site
The Brooker Law Firm, P.A.
FirmColumbia firm focused on tax law, estate planning, probate, trust administration, and business planning. Founding attorney Jeff Z. Brooker III has been recognized in Best Lawyers in America since 2012.
Location
508 Hampton Street, Suite 201Columbia, SC 29201
Phone
(803) 779-1065
Estate PlanningProbateWillsTrustsTrust AdministrationTax PlanningBusiness Planning
Visit site
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
Estate PlanningProbateTrust AdministrationElder LawAsset ProtectionBusiness SuccessionProbate Mediation
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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
Estate PlanningProbateEstate AdministrationProbate LitigationTrust AdministrationGuardianshipConservatorship
Free consultationVisit site
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
Estate PlanningTrust AdministrationProbateElder LawMedicaid PlanningBusiness Planning
Visit site
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
Estate PlanningProbateTrust AdministrationProbate LitigationTax PlanningBusiness Succession
Visit site
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 Sumter 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 usually run 3–8% of the estate value. For Sumter 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.
Sumter 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 Sumter County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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