1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingSumter 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
A person with custody of a will must deliver it to the probate court or person able to secure probate within thirty days after learning of the 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.
- Qualifies:
- $45,000
Summary administration may be available for qualifying small estates under South Carolina Probate Code procedures.
- Qualifies:
- $45,000
A probate-court process for uncontested estate administration or appointment when statutory requirements are met.
- Attorney:
- not required by law, though many families use one
A court-supervised proceeding for disputed, uncertain, or otherwise formal probate questions.
- 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
Sumter County Probate Court can help you understand forms and filing requirements at no cost.
Visit Self-Help Center