Back to South Carolina
Hampton County, SC Probate Information
Quick facts
| Topic | Details |
|---|---|
| Court | Hampton County Probate Court |
| Courthouse address | Hampton County Court House, second floor, 1 Courthouse Square, Elm Street, Hampton, SC 29924 |
| Mailing address | P.O. Box 601, Hampton, SC 29924 |
| Phone | (803) 914-2172 |
| Fax | (803) 914-2183 |
| Hours | Monday through Thursday, 8:30 a.m. to 5:00 p.m.; Friday, 8:30 a.m. to 4:00 p.m.; closed daily for lunch from 1:00 p.m. to 2:00 p.m. |
| Cost to open | State estate costs are governed by S.C. Code Ann. § 8-21-770, current from 1995 Act No. 15, effective April 4, 1995 and retroactive to August 15, 1994. Hampton County also posts, as of August 2026, that an informal estate costs "$25 plus the value of the estate." Formal proceedings are posted at $150, formal, plus any additional court costs or fees. |
| Local forms | Hampton County's page publishes no local form set of its own. It directs families to the South Carolina Judicial Branch statewide Probate Court forms. |
| Online filing | No county online probate filing channel is published. South Carolina has no statewide probate e-filing system for probate court filings. |
| Case lookup | Hampton County's probate court page does not publish an online estate search. Call (803) 914-2172 to ask how to look up a case. |
| Remote participation | Local practice is not published. Under the statewide Remote Communication Technology order as amended February 19, 2025, the probate judge may permit or require remote participation in a non-criminal proceeding on a party's motion or on the judge's own initiative, unless it would likely cause substantial prejudice or affect fairness. |
| Website | https://www.hamptoncountysc.org/25/Probate-Court |
Before you begin — know the assets and liabilities
Before you contact the Hampton County Probate Court, collect the estate settlement basics: what assets exist, which debts are known, whether there is an original will, and whether the decedent was permanently living in Hampton County at death. Hampton's page specifically tells families to bring the original death certificate, funeral bill, any titles, deeds or insurance policies, the original will, identification, and court costs.
Asset discovery matters before you choose a path. Sunset searches across 2,300 institutions to help families identify accounts and assets, then organizes what you have found so the probate packet matches what the Hampton County Probate Court will need.
Which court handles jurisdiction
File Hampton County estate matters with the Hampton County Probate Court at the Hampton County Court House in Hampton, the county seat. The court serves estates from Hampton and the rest of Hampton County.
Venue for a South Carolina estate is governed by S.C. Code Ann. § 62-3-201. Hampton's own estate-process page asks whether the decedent was permanently living in Hampton County at death and whether the decedent owned real estate in the county, so call the Hampton County Probate Court if either answer is unclear.
The jurisdiction process
- Gather the documents Hampton asks for before the first visit: original death certificate, funeral bill, any titles, deeds or insurance policies, original will, identification, and court costs. Hampton states that the funeral bill must be paid before the estate can close.
- Choose the statewide form path. The usual opening form is Form 300ES, which is used for informal applications and formal petitions. If the estate may qualify for a small estate process under S.C. Code Ann. § 62-3-1201, Form 420ES is the statewide affidavit form for that path.
- Contact the Hampton County Probate Court before opening or closing an informal estate. Hampton allows walk-ins for many matters, but its page says an appointment is needed when opening or closing an informal estate, or when the visit will require more time with a judge.
- File at the Hampton County Probate Court on the second floor of the Hampton County Court House, 1 Courthouse Square, Elm Street, Hampton. Use the P.O. box for mail: P.O. Box 601, Hampton, SC 29924.
- Pay the opening costs. State estate costs are governed by S.C. Code Ann. § 8-21-770, current from 1995 Act No. 15, effective April 4, 1995 and retroactive to August 15, 1994. Hampton posts, as of August 2026, that an informal estate costs "$25 plus the value of the estate," and that a formal proceeding costs $150, formal, plus any additional court costs or fees. Hampton accepts cash, check, debit cards, and credit cards.
- Complete required notice steps using the statewide South Carolina probate forms and any instructions the Hampton County Probate Court gives after the estate is opened.
- Ask the court how hearings are scheduled, if one is needed. Hampton does not publish hearing days or wait times. For remote participation, ask how the court applies the statewide Remote Communication Technology order as amended February 19, 2025.
- After appointment, the personal representative receives authority from the court. South Carolina's probate code calls that authority "letters," including letters testamentary and letters of administration under S.C. Code Ann. § 62-1-201. The document banks and transfer agents usually ask to see is the Certificate of Appointment, Form 141PC, which must carry the court's raised seal.
- Administer the estate, keep records, address claims and assets, and return to the Hampton County Probate Court for closing. Hampton's page says the court can identify additional documents once the estate is open, but it cannot give legal advice.
Forms and documents
Probate forms in Hampton County
Hampton County's probate court page publishes no local form set of its own. It states that all Probate Court forms may be found on the South Carolina Judicial Branch Court Forms page.
Use the statewide numbered forms for Hampton County filings, including Form 300ES for informal or formal opening papers and Form 420ES for a small estate affidavit under S.C. Code Ann. § 62-3-1201. Bring the Hampton-specific document list with you: original death certificate, funeral bill, any titles, deeds or insurance policies, original will, identification, and court costs.
Fees
Hampton publishes a local cost note that is worth reading carefully. Its page says, as of August 2026, "To open an Informal Estate, filing fee is $25 plus the value of the estate." State estate costs are governed by S.C. Code Ann. § 8-21-770, current from 1995 Act No. 15, effective April 4, 1995 and retroactive to August 15, 1994, so ask the Hampton County Probate Court for the total before you file.
For formal proceedings, Hampton posts a $150 formal cost, plus any additional court costs or fees. The $150 formal amount is the statewide formal proceeding amount under S.C. Code Ann. § 8-21-770(C)(11), current from 1995 Act No. 15, effective April 4, 1995 and retroactive to August 15, 1994.
Hampton states that it accepts cash, check, debit cards, and credit cards for court fees, application fees, and other payments.
Local nuance
Hampton County-specific considerations
| Local point | What it means for families |
|---|---|
| Appointments for informal estate opening or closing | Hampton states that no appointment is needed unless you are opening or closing an informal estate, or you expect the visit to require more time with a judge. |
| Lunch closure | The court is closed daily from 1:00 p.m. to 2:00 p.m., so do not plan a filing visit during that hour. |
| Payment methods | Hampton accepts cash, check, debit cards, and credit cards. |
| Deputy Probate Judge listed | Hampton's page lists a Deputy Probate Judge in addition to the elected Probate Judge. South Carolina law allows a probate judge to appoint a deputy to act during temporary absence under S.C. Code Ann. § 14-23-1070. |
| Funeral bill before closing | Hampton's document list says the funeral bill must be paid before the estate can close. |
Recent updates
Scenarios
| Situation | Likely Hampton County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying what passes outside probate and what, if anything, must be handled through the Hampton County Probate Court. If an estate must be opened, bring the original death certificate, will if any, deed information, insurance policies, identification, and court costs. | Sunset helps organize accounts, real estate information, beneficiary clues, and the documents needed for an estate settlement plan. |
| Out-of-state adult child with small estate under S.C. Code Ann. § 62-3-1201 | Call Hampton before traveling. The court requires an appointment for opening or closing an informal estate, and its page does not publish an online estate search or a county online probate filing channel. If the § 62-3-1201 path fits, use the statewide Form 420ES. | Sunset helps gather asset details before the call, generate the probate packet, and identify what may need a local signature or courthouse visit. |
| Parent settling predeceased child's estate, home must be sold | File in Hampton if the case belongs there under S.C. Code Ann. § 62-3-201. A sale involving real estate often needs careful title, heirship, appointment, and closing steps through the Hampton County Probate Court. | Sunset helps build the inventory of accounts and property, prepare the packet, and connect the family with a local probate attorney when a home sale makes the estate settlement more complex. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Hampton County Probate Court | Publishes the local estate-process page, document list, appointment rule, hours, lunch closure, payment methods, and contact information. The court states that it cannot give legal advice. | 1 Courthouse Square, Elm Street, Hampton, SC 29924; mailing: P.O. Box 601, Hampton, SC 29924; (803) 914-2172; fax (803) 914-2183 |
| South Carolina Judicial Branch probate form set | Provides the statewide numbered Probate Court forms that Hampton directs families to use. | https://www.sccourts.org/court-forms/?courtType=PC |
| South Carolina Bar Lawyer Referral Service | Connects callers with a lawyer. The Bar lists no more than $50 for a 30-minute consultation as of August 2026 and states that participating lawyers do not take pro bono cases. | (803) 799-7100, 9 a.m. to noon and 1 p.m. to 5 p.m. Monday through Friday; online referral 24/7; https://www.scbar.org/public/get-legal-help/ |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investments, insurance, real estate leads, and other assets so the Hampton County estate settlement starts from a clearer picture.
Generate the probate packet. Sunset turns the information you provide into an organized probate packet using the South Carolina statewide forms and Hampton County's local document checklist.
Find a local probate attorney. When a formal proceeding, home sale, creditor dispute, or family conflict makes the case more complex, Sunset helps connect you with a probate attorney who practices locally.
Sunset is free for families. Families can use Sunset to organize the estate, prepare next steps, and understand the Hampton County process without paying Sunset.
Frequently asked questions
Where do I file probate in Hampton County?
File with the Hampton County Probate Court on the second floor of the Hampton County Court House, 1 Courthouse Square, Elm Street, Hampton, SC 29924. Use P.O. Box 601, Hampton, SC 29924 for mail.
Do I need an appointment to open an estate in Hampton County?
Yes for opening or closing an informal estate. Hampton states that the office is open and an appointment is not needed unless you are opening or closing an informal estate, or you believe your visit will require more time with a judge.
What should I bring to the Hampton County Probate Court?
Hampton's estate-process page lists the original death certificate, funeral bill, any titles, deeds or insurance policies, original will, identification, and court costs. It also says the funeral bill must be paid before closing the estate.
Does Hampton County offer probate e-filing?
No county online probate filing channel is published for Hampton County. South Carolina also has no statewide probate e-filing system for probate court filings, so call (803) 914-2172 before assuming any online filing option is available.
How much does it cost to open an estate in Hampton County?
State estate costs are governed by S.C. Code Ann. § 8-21-770, current from 1995 Act No. 15, effective April 4, 1995 and retroactive to August 15, 1994. Hampton posts, as of August 2026, that an informal estate costs "$25 plus the value of the estate." For a formal proceeding, Hampton posts $150, formal, plus any additional court costs or fees.
Can I pay Hampton County probate costs by card?
Yes. Hampton states that it accepts cash, check, debit cards, and credit cards for court fees, application fees, and other payments.
Can I look up a Hampton County estate online?
Hampton County's probate court page does not publish an online estate search. Call the Hampton County Probate Court at (803) 914-2172 to ask how to look up a case.
Can I participate in a Hampton County probate hearing by phone or video?
Hampton County does not publish a local remote-hearing practice. Under the statewide Remote Communication Technology order as amended February 19, 2025, the probate judge may permit or require remote participation in a non-criminal proceeding on a party's motion or on the judge's own initiative, unless it would likely cause substantial prejudice or affect fairness. Ask the Hampton County Probate Court how it applies that order.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.