South Carolina · South Carolina Probate Courts
Hampton County Probate Court Guide
Probate Court information · Updated June 2026
Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.
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Not sure if you need probate?
Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.
Immediate 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
Required 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
Assess 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 packet copy must reconcile the local page against current statewide law before use.
- 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 before packet copy.
- 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
File 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 CenterOther Topics That May Apply
Property & Real Estate
Property transfer after death, recording
Hampton County Register of Deeds
WebsiteVehicle Title Transfer
Retitle or transfer the deceased's vehicle. Office, forms, fees.
Hampton County Treasurer
- Phone:
- 803-914-2119
- Address:
- 201 Jackson Avenue West, P.O. Box 87, Hampton, SC 29924
- Hours:
- Office hours Monday-Friday 8:00 AM-5:00 PM; service window Monday-Friday 8:30 AM-4:30 PM
The Treasurer page says the office notifies taxpayers of taxes due, collects real and personal property taxes, oversees disbursement to county government, municipalities, schools, and special taxing districts, maintains revenue records, collects the annual renewal license fee on behalf of South Carolina, and provides information to the public and legal professionals. Hampton Online Payments says the tax portal provides property and vehicle tax information and accepts online property and vehicle tax payments by credit or debit card. The Auditor page says vehicle taxes in South Carolina are paid a year in advance and that tax estimates are conditional. The Delinquent Tax page says unpaid taxes become delinquent on March 17 each year and that properties sold at tax sale must be redeemed with certified check, money order, or cash. Treat the tax portal as a search and payment source, not certified tax-status evidence.
Transfer scenarios
TOD Beneficiary Transfer
Documents needed:
- Vehicle title
- Certified death certificate showing beneficiary survived all owners
- Title and Registration Application (SCDMV Form 400)
- TOD-1 (used during owner's lifetime to add or change a TOD designation)
SCDMV says a TOD beneficiary cannot be added when ownership is an AND relationship.
Personal Representative Title Transfer
Documents needed:
- Probate Court certificate showing personal representative authority
- Vehicle title
- SCDMV title forms
- Certified death certificate if requested
SCDMV says the Probate Court determines the way forward when the heir is not on the title and court documents identify a new owner.
OR Co-Owner — Surviving Co-Owner
Documents needed:
- Vehicle title
- Death certificate
- SCDMV required forms
AND Co-Owner — Probate Court Direction Required
Documents needed:
- Vehicle title
- Death certificate
- Probate Court direction or documents
Small Estate Affidavit (Probate Court)
Documents needed:
- Small Estate Affidavit from Probate Court
- Vehicle title
- SCDMV title forms
The $45,000 small-estate threshold and 30-day waiting period apply. SCDMV limitation: the affidavit can only retitle in the name of the person the Probate Court appoints, not directly to a third-party buyer.
Forms
- Title and/or Registration Application (SCDMV Form 400)(400)(Instructions referenced via Form 400-IS (https://dmv.sc.gov/sites/scdmv/files/media/Forms/400-IS.pdf). Direct Form 400 PDF URL not in repo — queue for browser verification.)
- Application for Transfer on Death (SCDMV Form TOD-1)(TOD-1)(Official PDF URL confirmed in repo _sources.)
- Statement of Vehicle Operation in South Carolina (SCDMV Form TI-006)(TI-006)(Referenced in SCDMV inherited vehicle guidance. Official PDF URL not in repo — queue for browser verification.)
- Notice of Vehicle Sold (SCDMV Form 416)(416)(Referenced in SCDMV inherited vehicle guidance. Official PDF URL not in repo — queue for browser verification.)
Fees
SCDMV fees page lists a $15 title fee and $35 expedited title fee. Registration fees vary; the $40 regular passenger figure in repo applies to a moving-to-SC scenario and may not represent estate-transfer registration costs. Verify current fees for the exact transaction.
Small-estate vehicle transfer
A Small Estate Affidavit from Probate Court may be used after 30 days when the qualifying personal property value does not exceed $45,000 (S.C. Code Section 62-3-1201). SCDMV limitation: the affidavit only allows title in the name of the person appointed by Probate Court and does not allow that person to directly sign the title to another person.
Threshold: $45,000
Lost or duplicate title
Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.
SCDMV says it generally does not interpret or accept wills for vehicle titles, and Probate Court determines whether a will is legal and can be used to transfer ownership. County vehicle tax portals and treasurer receipts are payment or registration-support sources, not DMV title proof by themselves.
Vehicle sources (7)
- https://www.hamptoncountysc.org/30/Treasurer
- https://www.hamptoncountysc.org/629/Online-Payments
- https://hamptoncountytax.org/#/
- https://www.hamptoncountysc.org/8/Auditor
- https://www.hamptoncountysc.org/29/Delinquent-Tax
- https://www.scdmvonline.com/Vehicle-Owners/Titles
- https://www.scdmvonline.com/dmvpublic/
Sources for this page (8)
The facts above come from these official sources. Verify current details with the office before filing.
- hamptoncountysc.orghttps://www.hamptoncountysc.org/25/Probate-Court
- hamptoncountysc.orghttps://www.hamptoncountysc.org/Directory.aspx?did=82
- hamptoncountysc.orghttps://hamptoncountysc.org/628/Public-Records
- sccourts.orghttps://www.sccourts.org/courts/courthouse-search/hampton/
- sccourts.orghttps://www.sccourts.org/court-forms/?courtType=PC
- southcarolinaprobate.nethttps://www.southcarolinaprobate.net/search/
- scstatehouse.govhttps://www.scstatehouse.gov/code/t62c003.php
- scstatehouse.govhttps://www.scstatehouse.gov/code/t08c021.php
You've seen what probate involves. Here's how to spare your own family.
A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.
See how to avoid probate in South CarolinaFrequently Asked Questions
How much does probate cost in Hampton County?
How long does probate take in Hampton County?
Do I need an attorney for probate in Hampton County?
More South Carolina Resources
Explore the rest of the South Carolina probate hub.
Start here
Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages
Verified against Hampton County Probate Court on June 4, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in South Carolina can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.