Overview
Horry County is located in South Carolina with a population of approximately 413,391. The Horry 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 an 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 Certificates of Appointment (often referred to as Letters) for testate estates or intestate estates.
South Carolina offers a simplified process for small estates valued at $45,000 or less (as of May 2025) via a Small Estate Affidavit (Form 420ES). Note: The official PDF form may still show the previous $25,000 threshold, but the current statutory limit is $45,000 per Act No. 26 (H.3472) effective May 8, 2025. Summary administration is also available for estates where the value does not exceed the exempt property, costs of administration, funeral expenses, and medical expenses.
Personal Representatives in South Carolina are generally entitled to a commission not to exceed 5% of the appraised value of the personal property of the estate plus 5% of the income earned by the estate during administration, unless the will specifies otherwise or the representative waives the fee.
This guide provides an informational overview of the Horry 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
Horry County Probate Court
Probate matters in Horry County are handled at the Horry County Government & Justice Center.
Address: 1301 Second Avenue, Conway, SC 29526
Phone: (843) 915-5370 (Probate Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Court is located in the historic county seat of Conway. The court handles estates, guardianships, conservatorships, and marriage licenses.
Parking and Access
Public parking is available in the lots surrounding the Government & Justice Center. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists of personal property valued at $45,000 or less, you may file an Affidavit for Collection of Personal Property (Form 420ES) after a 30-day waiting period.
- Summary Administration: Available if the value of the estate does not exceed the preferred claims (funeral expenses, medical expenses, taxes, etc.).
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file the Application/Petition for Probate (Form 300ES) with the Horry County Probate Court. Include:
- Original Last Will and Testament (if any)
- Certified copy of the Death Certificate
- Filing fee (varies by estate value, typically starting at $25.00)
- Appointment of Agent for Service of Process (if the Personal Representative is out-of-state)
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 Horry County (such as The Horry Independent or The Loris Scene) once a week for three successive weeks.
Step 4: Attend the Hearing
Formal probate may require a hearing, especially if the will is contested or if there are issues with the appointment. However, many estates in South Carolina are handled informally without a court hearing. If approved, the court issues Fiduciary Letters/Certificates of Appointment.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and Appraise assets: File the Inventory and Appraisement (Form 350ES) within 90 days of appointment.
- Notify Creditors: The creditor claim period expires 8 months from the first publication of notice or 1 year from the date of death, whichever is earlier.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Accounting and Proposal for Distribution (Form 410ES) to close the estate.
Local Requirements
Horry County-Specific Procedures
- Local Forms: While South Carolina uses standard statewide forms (SCCA forms), Horry County may have specific cover sheets or procedural preferences.
- Publication Fees: The court collects publication fees at the time of filing (typically around $25.00 - $40.00 depending on the newspaper selected).
- E-Filing: Check with the court for the current status of e-filing availability for probate matters.
- Publication: Notice is typically published in The Horry Independent or The Loris Scene.
Always check the Horry County Probate Court website for the most current fee schedules and procedural updates.
Timeline & Fees
Filing Fees (Horry County)
Filing fees are based on the value of the probate estate:
- 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 + 0.15% of amount over $60,000
- Publication costs: Approximately $25.00 - $40.00
Note: Fees are subject to change. Verify with the court.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 8-12 months (due to the 8-month creditor period)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The 8-month creditor claim period is a mandatory minimum for most formal estates.
Local Resources
Horry County Court Resources
- Court Website: horrycountysc.gov
- Probate Self-Help: SC Courts Self-Help
- South Carolina Probate Forms: sccourts.org/court-forms
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral Service: (800) 868-2284 — scbar.org
- South Carolina Legal Services: (888) 346-5592 — sclegal.org
Publication
- The Horry Independent: (843) 488-7254
- The Loris Scene: (843) 756-6397