1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingHampton County vital records contact
Office info
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
First 30 days
Deposit the Will
Hampton County Probate Court says the original will must be filed with the court within 30 days from the date of death. (S.C. Code Section 62-2-901)
Creditor claim window
Creditors generally have 8 months from decedent death, with publication and mailed-notice rules that can shorten specific claim deadlines to bring claims against the estate. (S.C. Code Section 62-3-803)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the South Carolina small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for informal or formal probate with a will. If no will exists, it's administration without a will.
Complex assets? Business interests, real estate in multiple states, or contested claims may require Probate Court administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
South Carolina allows qualifying successors to collect personal property by affidavit after the statutory waiting period when probate is not pending and the value fits the current threshold. Hampton County's local page still contains older $25,000 small-estate screening language, so current statewide law controls over the local page.
- Qualifies:
- $45,000
Summary administration may be available for qualifying small estates under South Carolina Probate Code procedures. Verify Hampton County's current local instructions with the court.
- Qualifies:
- $45,000
Hampton County Probate Court says informal estate procedures require no notices or hearings unless demanded by an interested party, and that opening or closing an informal estate requires an appointment.
- Attorney:
- not required by law, though many families use one
Hampton County Probate Court describes formal proceedings as contested matters such as objections to appointments of personal representatives, will contests, lost or destroyed wills, and declaratory judgments on intestacy. The page says formal proceedings require notices to interested parties and a hearing before the judge.
- Attorney:
- not required by law, though many families use one
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Hampton County Probate Court can help you understand forms and filing requirements at no cost.
Visit Self-Help Center