Overview
Marlboro County is located in South Carolina with a population of approximately 25,498. The Marlboro 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 Title 62 of the South Carolina Code of Laws (South Carolina Probate Code). The process begins with filing a Petition for Administration (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. If the value of the decedent's probate assets is $45,000 or less (as of recent 2025 updates), successors may file an Affidavit for Collection of Personal Property (Form 420ES) to collect assets without full probate administration.
Personal representatives are entitled to reasonable compensation, typically capped at 5% of the appraised value of the personal property of the estate, though this can vary based on the will or agreement with heirs.
This guide provides an informational overview of the Marlboro 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
Marlboro County Probate Court
Probate matters in Marlboro County are handled at the Marlboro County Courthouse.
Address: 105 Main Street, Bennettsville, SC 29512
Mailing Address: P.O. Box 455, Bennettsville, SC 29512
Phone: (843) 479-5610
Hours: Monday through Friday, 8:30 AM to 5:00 PM
Probate Judge: Reneka McCoy
The Probate Court is located in the historic courthouse in downtown Bennettsville. The court oversees the administration of estates, issuance of marriage licenses, and appointment of guardians and conservators.
Parking and Access
Street parking is generally available around the courthouse square and on Main Street. There are also public parking lots nearby. Visitors should be prepared for security screening upon entering the courthouse 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 only of personal property valued at $45,000 or less, you may be able to use the Affidavit for Collection of Personal Property (Form 420ES) after a 30-day waiting period.
- Summary Administration: Available for estates where the value of the estate does not exceed $45,000, allowing for a faster settlement process.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate of Will and Appointment of Personal Representative (Form 300ES) with the Marlboro County Probate Court. Include:
- Original Will and codicils (if any)
- Certified copy of the Death Certificate
- Filing fee (based on the value of the estate)
- 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 (Information to Heirs and Devisees - Form 305ES) to all heirs and beneficiaries within 30 days of appointment.
- Publish notice to creditors in a local newspaper of general circulation once a week for three successive weeks.
Step 4: Inventory and Appraisal
Within 90 days of appointment, the Personal Representative must file an Inventory and Appraisement (Form 350ES) with the court, listing all probate assets and their fair market values.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Allow the creditor claim period to expire (8 months from the date of first publication)
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries according to the will or state intestacy laws
- File a Proposal for Distribution (Form 410ES) and Petition for Settlement (Form 412ES) to close the estate
Local Requirements
Marlboro County-Specific Procedures
- Payment Methods: The court accepts cash, credit cards, and checks made payable to "Marlboro County."
- Local Forms: While the court primarily uses standard South Carolina State Court forms (SCCA), it is advisable to check with the clerk for any specific local worksheets or checklists.
- Publication: Notice to creditors must be published in a local newspaper of general circulation in Marlboro County. Contact the Probate Court for current approved publications.
- Bond: A fiduciary bond may be required for Personal Representatives unless waived in the will or by all heirs.
Timeline & Fees
Filing Fees (Marlboro County)
Fees are based on the gross value of the probate estate:
- Estate value under $5,000: $25.00
- $5,000 – $19,999: $45.00
- $20,000 – $59,999: $67.50
- $60,000 – $99,999: $95.00
- $100,000 – $599,999: $95.00 + 0.15% of amount over $100,000
- $600,000 and above: $845.00 + 0.25% of amount over $600,000
- Certified Copies: $5.00 per copy
- Marriage License: $65.00
Payment Methods
The court accepts cash, checks, money orders, and credit cards.
Estimated Timelines
- Small Estates: 30-60 days
- Simple Estates: 8-12 months (due to the 8-month creditor claim period)
- Complex or Contested Estates: 12 months to several years
The mandatory 8-month creditor period means that even simple estates typically cannot be fully closed in less than a year.
Local Resources
Marlboro County Court Resources
- Court Website: Marlboro County Probate Court
- SC Judicial Department Forms: South Carolina Court Forms
Legal Aid and Attorney Referrals
- South Carolina Bar Lawyer Referral Service: (800) 868-2284
- South Carolina Legal Services: (888) 346-5592
Publication
Contact the Marlboro County Probate Court at (843) 479-5610 for information on approved newspapers for publication of notice to creditors.