Serving families across Beaufort County

Beaufort County covers a wide area: the City of Beaufort, Port Royal, Lady’s Island, St. Helena Island, Hilton Head Island, and Daufuskie Island. (Families in Bluffton and Okatie can see our Bluffton probate page.) When a county resident dies, the estate is generally administered in the Beaufort County Probate Court, with its main office at 102 Ribaut Road in Beaufort and a satellite office in Bluffton at 4819 Bluffton Parkway. Smith Law, LLC helps personal representatives, heirs, and family members through that process from our office at 200 Okatie Village Drive, Suite 103, in Bluffton.

How a Beaufort County estate is opened

Informal or formal. Most uncontested estates in South Carolina are opened through an informal application, without a hearing. If there is a dispute about the will, the person to be appointed, or the heirs, a formal proceeding before the judge may be needed (South Carolina Code Section 62-3-401).

What is filed. The typical opening filing includes an application for appointment, the original will if there is one, a certified death certificate, and information about the heirs and beneficiaries. The court may also require the personal representative to sign an acceptance of appointment and, in some cases, post a bond (South Carolina Code Sections 62-3-601 and 62-3-603).

Certificate of appointment. Once appointed, the personal representative receives a certificate from the court. Banks, title companies, and other institutions ask for this document before they will release assets.

Key deadlines

  • Will delivery. The custodian of an original will should deliver it to the probate court within 30 days after learning of the death (South Carolina Code Section 62-2-901).
  • Notice to creditors. Published in a newspaper of general circulation in Beaufort County. Creditors generally have eight months from first publication to present claims (South Carolina Code Section 62-3-801).
  • Inventory and appraisement. Due within 90 days after appointment (South Carolina Code Section 62-3-706).
  • Closing the estate. An estate normally cannot be closed until the creditor period ends.

Small estates

When the probate estate is modest and includes no real property, South Carolina law allows a simplified process by affidavit or summary procedure for estates of $45,000 or less, after liens and encumbrances (South Carolina Code Sections 62-3-1201 and 62-3-1203). The affidavit procedure reaches personal property only, so an estate that includes land or a home usually needs a regular estate opened. The court posts its estate forms on the Beaufort County website. We can tell you whether your situation qualifies.

Beaufort County situations we see often

Heirs’ property. Parts of Beaufort County, including St. Helena Island and other Sea Island communities, include land that has passed down through generations without a probate. Clearing title on heirs’ property can involve opening estates for several generations or a court action to determine heirs. This work takes patience, and it often matters a great deal to the family.

Military families. With Marine Corps Air Station Beaufort, Parris Island, and the Naval Hospital nearby, some estates involve service members, veterans, or survivors with military benefits. Survivor benefits usually pass outside probate, but they should be coordinated with the estate.

Waterfront and island property. Selling a home during probate is common. Our office handles the real estate closing as well as the estate work.

Out-of-state personal representatives. Many families have children who live elsewhere. Much of the process can be handled with documents signed by mail.

Frequently asked questions

Where is the Beaufort County Probate Court?

The main office is at 102 Ribaut Road, Beaufort, and a satellite office is at 4819 Bluffton Parkway, Bluffton. Check the court’s page on the Beaufort County website for current hours, since meetings are by appointment. Our office handles many filings so families do not need to make repeated trips.

Does every estate have to go through probate?

No. Jointly owned property with survivorship, accounts with named beneficiaries, and trust assets often pass outside probate.

What if there is no will?

South Carolina intestacy law decides who inherits, and the court appoints a personal representative based on statutory priority (South Carolina Code Sections 62-2-102, 62-2-103, and 62-3-203).

Can a family member contest a will in Beaufort County?

Yes, within the time limits set by the South Carolina Probate Code (South Carolina Code Section 62-3-108). Contested matters are decided through formal proceedings in the probate court, and some can be removed to circuit court on a timely motion (South Carolina Code Section 62-1-302(d)).

Named personal representative in Beaufort County, or unsure if probate is needed? Call Smith Law, LLC at 843.705.4400 or reach us through our contact page. We serve families across the county from our Bluffton office.

Related pages

This page is general information, not legal advice. Contacting us does not create an attorney-client relationship.