Overview
Hampton County is located in South Carolina with a population of approximately 18,172. The Hampton County Probate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
South Carolina probate is governed by the South Carolina Probate Code (Title 62). The process begins with filing a Application/Petition for Probate of Will and Appointment of Personal Representative (Form 300ES) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
South Carolina offers a simplified process for small estates valued at $25,000 or less. This "Small Estate Affidavit" procedure allows successors to collect personal property without full probate administration after a 30-day waiting period, provided no application for appointment of a personal representative is pending.
Statutory fees for personal representatives are generally capped at 5% of the appraised value of the personal property of the estate, though this can vary by will provision or agreement.
This guide provides an informational overview of the Hampton County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Hampton County Probate Court
Probate matters in Hampton County are handled at the Hampton County Courthouse. The Probate Judge is The Hon. Shannon Parker with Deputy Probate Judge The Hon. Rachel Foster.
Address: 1 Courthouse Square, Hampton, SC 29924
Phone: (803) 914-2172
Hours: Monday through Thursday, 8:30 AM to 5:00 PM; Friday, 8:30 AM to 4:00 PM. The office is closed daily for lunch from 1:00 PM to 2:00 PM.
The Probate Court is located within the main county courthouse building. The court handles estates, marriage licenses, and guardianships/conservatorships.
Parking and Access
Public parking is available around the Courthouse Square and on adjacent streets. Visitors should be prepared for security screening upon entering the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit (Form 420ES): If the estate consists of personal property valued at $25,000 or less (less liens and encumbrances), you may be able to use an affidavit to collect assets 30 days after death.
- Summary Administration: Available if the value of the estate does not exceed the homestead allowance, exempt property, family allowance, costs of administration, reasonable funeral expenses, and reasonable medical expenses of the last illness.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal or informal probate is needed, file Form 300ES (Application/Petition for Probate) with the Hampton County Probate Court. Include:
- Original Last Will and Testament (if any)
- Certified copy of the Death Certificate
- Filing fee (based on estate value)
- Form 370ES (Notice to Creditors)
- Any additional required documents such as Renunciation of Right to Administration (Form 302ES) if applicable
Step 3: Provide Notice
After filing, you must:
- Mail notice (Form 305ES) to all heirs and devisees within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Hampton County (typically the Hampton County Guardian) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required unless the will is contested. For formal probate, the court will schedule a hearing to validate the will and appoint the Personal Representative. Once approved, the court issues Fiduciary Letters (Letters Testamentary or Letters of Administration).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and Appraise (Form 350ES) all estate assets within 90 days of appointment.
- Pay valid creditor claims after the 8-month creditor period expires.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Proposal for Distribution (Form 410ES) and Petition for Settlement to close the estate.
Local Requirements
Hampton County-Specific Procedures
- Filing Fees: Fees are calculated based on the value of the probate estate.
- Local Forms: While South Carolina uses standardized "ES" forms, always check with the Hampton County Probate Court for any local cover sheets or specific procedural preferences.
- Publication: Notice to creditors is typically published in the Hampton County Guardian.
- Appointment: It is recommended to call the court to schedule an appointment for opening an estate to ensure a clerk is available to assist you.
Timeline & Fees
Filing Fees (Hampton County)
- Estate Value $0 - $4,999: $25.00
- Estate Value $5,000 - $19,999: $45.00
- Estate Value $20,000 - $59,999: $67.50
- Estate Value $60,000 - $99,999: $95.00
- Estate Value $100,000 - $599,999: $95.00 plus 0.15% of amount over $100,000
- Formal Proceedings: $150.00 (in addition to estate value fee)
- Certified Copies: Approximately $5.00 - $10.00 depending on page count
- Publication costs: Approximately $40 - $100 depending on the newspaper
Payment Methods
The court accepts cash, checks, and debit/credit cards.
Estimated Timelines
- Simple estates: 8-12 months (South Carolina has an 8-month creditor claim period).
- Average estates: 12-18 months.
- Complex or contested estates: 18 months to several years.
Local Resources
Hampton County Court Resources
- Court Website: hamptoncountysc.org
- SC Judicial Branch Forms: sccourts.org
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral Service: scbar.org
- South Carolina Legal Services: (888) 346-5592
Publication
- Hampton County Guardian: (803) 943-2544 — Newspaper of general circulation for probate notices.