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Marlboro County, SC Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Marlboro County Probate Court |
| Courthouse address | 105 East Main Street, Bennettsville, SC 29512. Call before visiting to confirm the current walk-in location. |
| Mailing address | P.O. Box 455, Bennettsville, SC 29512 |
| Phone | (843) 479-5610 |
| Fax | (843) 479-5668 |
| Hours | Monday through Friday, 8:30 a.m. to 5:00 p.m. Call before visiting to confirm current hours. |
| Estate filing charge | Value-based estate charge under S.C. Code Ann. § 8-21-770, with the schedule last amended by 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. Ask the court for the amount due for the estate value and filing type. |
| Local forms | Marlboro County links a local Estate Worksheet. Statewide South Carolina Probate Court forms are also used. |
| Electronic filing | South Carolina's statewide electronic filing rules are for Court of Common Pleas attorney filing, not probate. Marlboro County's probate page does not publish a probate electronic filing system. |
| Case lookup | Marlboro County links an online probate case search at http://www.southcarolinaprobate.net/search/default.aspx, with Marlboro included in the county selector. |
| Remote participation | South Carolina's Remote Communication Technology order, as amended February 19, 2025, leaves the decision to the probate judge. Ask the Marlboro County Probate Court how the judge applies that order. |
| Website | https://marlborocounty.sc.gov/government_/departments_.php |
Before you begin — know the assets and liabilities
Before you open an estate settlement in Marlboro County, identify the assets, debts, heirs, devisees, and any will. The court will need enough information to route the filing, calculate the statutory charge under S.C. Code Ann. § 8-21-770, and issue authority only to the proper personal representative.
Sunset's asset discovery searches more than 2,300 institutions so families can look for accounts before they file, update inventories, or decide whether the case needs a full administration path. That work is especially useful when the family member handling the estate settlement lives outside Bennettsville.
Which court handles jurisdiction
The Marlboro County Probate Court serves all of Marlboro County from Bennettsville, the county seat. That includes Bennettsville, McColl, Clio, Tatum, Blenheim, and other communities in the county.
For South Carolina estate venue, use S.C. Code Ann. § 62-3-201. In local terms, if the decedent was domiciled in Marlboro County, the filing belongs with the Marlboro County Probate Court. If the decedent was not domiciled in South Carolina, ask the court how § 62-3-201 applies to property located in Marlboro County.
The jurisdiction process
- Find the will, death certificate information, asset list, debt list, heirs, and devisees. If the county Estate Worksheet fits your situation, use it to organize the information before calling the Marlboro County Probate Court.
- Choose the correct statewide form. Form 300ES is the starting form for an informal application or a formal petition for probate of a will or appointment, and statewide forms are available through the South Carolina Judicial Branch probate form set.
- File with the Marlboro County Probate Court, not with a separate clerk-of-court filing office. Use the court's mailing address, P.O. Box 455, Bennettsville, SC 29512, or call (843) 479-5610 before visiting the courthouse address at 105 East Main Street.
- Pay the estate filing charge set by S.C. Code Ann. § 8-21-770, with the schedule last amended by 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. The court can tell you what is due for the estate value and filing type.
- If the estate qualifies for the small estate affidavit process under S.C. Code Ann. § 62-3-1201, use Form 420ES under § 62-3-1201 and follow the court's countersignature and filing instructions before presenting the affidavit to a holder of property.
- Complete any notice steps the court requires for the filing path. If a hearing is needed, ask the court how Marlboro County schedules the matter and what papers must be served before the hearing.
- Ask in advance how the Probate Judge for Marlboro County applies the statewide Remote Communication Technology order, as amended February 19, 2025. The order allows the judge to permit or require remote participation in a non-criminal matter when the judge finds it appropriate under the order.
- After appointment and qualification, the personal representative receives authority. South Carolina's probate code calls that authority document letters, including letters testamentary and letters of administration under S.C. Code Ann. § 62-1-201, and administration begins when letters issue under § 62-3-103. The document banks and transfer agents usually ask to see is the Certificate of Appointment, Form 141PC, with the court's raised seal.
- Administer and close the estate by filing the inventory and appraisement under S.C. Code Ann. § 62-3-706, handling claims, distributing property, and filing the closing papers the Marlboro County Probate Court requires for the estate path.
Forms and documents
Probate forms in Marlboro County
Use the statewide South Carolina Probate Court forms for Marlboro County estate filings. The current statewide form set is published by the South Carolina Judicial Branch at https://www.sccourts.org/court-forms/?courtType=PC.
Common estate forms include Form 300ES for an informal application or formal petition, Form 350ES for inventory and appraisement, Form 361ES for accounting, Form 371ES for a creditor claim, and Form 420ES for a small estate affidavit under S.C. Code Ann. § 62-3-1201. The Marlboro County page also links a local Estate Worksheet for people interested in opening an estate. Because the worksheet is local, call the court if you are unsure how it fits with the statewide numbered forms.
Recent updates
Scenarios
| Scenario | Likely Marlboro County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by identifying how the home is titled and what assets are actually part of the probate estate. If appointment is needed, contact the Marlboro County Probate Court about the correct statewide forms and whether the local Estate Worksheet should be included. | Sunset helps organize accounts, debts, real estate details, and beneficiary information so the spouse can see what belongs in the estate settlement and what may pass outside probate. |
| Out-of-state adult child with a small estate | Call the Marlboro County Probate Court before traveling. If the estate uses a small-estate affidavit under S.C. Code Ann. § 62-3-1201, Form 420ES under § 62-3-1201 still goes through the probate court for approval and filing before it is used to collect property. | Sunset helps the child search for accounts, build a document checklist, and prepare questions for the court so fewer Bennettsville trips are needed. |
| Parent settling a predeceased child's estate, home must be sold | A home sale usually requires careful authority, title, and distribution steps. The parent should ask the Marlboro County Probate Court what appointment papers and real-property forms are needed before signing a sales contract. | Sunset helps collect financial information, identify estate assets, and connect the family with a probate attorney when a sale, title issue, or dispute makes counsel important. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Marlboro County Probate Court | Provides the local estate contact point, a local Estate Worksheet, and access to the court's probate case search link. | P.O. Box 455, Bennettsville, SC 29512. Courthouse address to confirm before visiting: 105 East Main Street, Bennettsville, SC 29512. Phone: (843) 479-5610. Fax: (843) 479-5668. Website: https://marlborocounty.sc.gov/government_/departments_.php |
| Marlboro County probate case search | Lets users search Marlboro County probate matters by case number or party name through the vendor tool linked by the county. | http://www.southcarolinaprobate.net/search/default.aspx |
| South Carolina Judicial Branch probate forms | Provides the statewide numbered Probate Court forms used in Marlboro County estate filings. | https://www.sccourts.org/court-forms/?courtType=PC |
| South Carolina Judicial Branch self-help resources | Explains what court staff can and cannot do. Staff can explain how the court works, point to forms and instructions, and check that papers are complete. Staff cannot tell a filer what to write or say. | https://www.sccourts.org/resources/general-public/self-help-resources/ |
| South Carolina Bar Lawyer Referral Service | Connects callers with a lawyer referral. The Bar states participating lawyers agree to charge no more than $50 for a 30-minute consultation, current on the Bar page reviewed August 2026, and 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 is available 24/7 at https://www.scbar.org/public/get-legal-help/ |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families search for financial accounts, insurance, retirement assets, and other property that may affect a Marlboro County estate settlement.
Generate the probate packet. Sunset organizes the information families need for the South Carolina probate forms and the local questions the Marlboro County Probate Court may ask when an estate is opened.
Find a local probate attorney. When a sale, dispute, creditor issue, or formal proceeding makes legal help important, Sunset can connect the family with a vetted probate attorney.
Sunset is free for families. Families can use Sunset to move from uncertainty to an organized estate settlement plan without paying Sunset.
Frequently asked questions
Where do I file probate in Marlboro County?
File with the Marlboro County Probate Court in Bennettsville. The mailing address is P.O. Box 455, Bennettsville, SC 29512, and the phone number is (843) 479-5610. Call before visiting the courthouse address at 105 East Main Street to confirm current walk-in details.
Does Marlboro County have electronic probate filing?
Marlboro County's probate page does not publish a probate electronic filing system. South Carolina's statewide electronic filing rules are for Court of Common Pleas attorney filing, not probate court estate filings, so plan to work directly with the Marlboro County Probate Court unless staff gives different instructions.
Can I look up a Marlboro County probate case online?
Yes. Marlboro County links a probate case search at http://www.southcarolinaprobate.net/search/default.aspx. The tool includes Marlboro in its county selector and offers search options by case number or party name.
What forms do I need to open an estate in Marlboro County?
Use the statewide South Carolina Probate Court forms, including Form 300ES for an informal application or formal petition. Marlboro County also links a local Estate Worksheet for people interested in opening an estate, so review that worksheet and call the court if you are unsure how it fits with the statewide forms.
Can I use a small estate affidavit in Marlboro County?
If the estate fits South Carolina's small estate affidavit requirements under S.C. Code Ann. § 62-3-1201, use Form 420ES under § 62-3-1201 and file it with the Marlboro County Probate Court for the required approval and countersignature before using it to collect property.
What is the filing fee in Marlboro County probate?
The estate filing fee is set by S.C. Code Ann. § 8-21-770, with the schedule last amended by 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. Marlboro County's probate page does not list a separate estate fee schedule, so call the court for the amount due for the estate value and filing type.
Does Marlboro County allow remote probate hearings?
Ask the Marlboro County Probate Court how the Probate Judge applies South Carolina's Remote Communication Technology order, as amended February 19, 2025. The statewide order allows a probate judge to permit or require remote participation in a non-criminal matter when the judge finds it appropriate under the order.
Do I have to travel to Bennettsville for probate?
Not every task starts with a hearing, but filings, signatures, scheduling, and authority documents are handled through the Marlboro County Probate Court. Call (843) 479-5610 before traveling to ask what can be handled by mail, what requires a court appearance, and whether the judge will use Remote Communication Technology under the February 19, 2025 order for any hearing.
What document proves I am the personal representative?
South Carolina's probate code calls the personal representative's authority document letters, including letters testamentary and letters of administration under S.C. Code Ann. § 62-1-201, and administration begins when letters issue under § 62-3-103. The document the Marlboro County Probate Court issues for third parties to review is the Certificate of Appointment, Form 141PC, which must carry the court's raised seal.
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.