Probate Court

The Hampton County Probate Office is open and you do not need an appointment unless you are opening/closing an Informal Estate or believe that your visit will require more time with either Judge. Our office is here to assist to the best of our abilities and want to assure that we can grant you our full attention in your time of need. 

 

*WE ARE NOT LAWYERS AND CAN NOT GIVE OUT LEGAL ADVICE*

 

All Probate Court forms may be found at SCCOURTS.ORG


For court fees, application fees, or any other matters of payment; we do accept: CASH, CHECK OR DEBIT CARD/CREDIT CARDS

 

Here at the Hampton County Probate Office, we assist with the following:

 
⇛   MARRIAGE LICENSE:

  • Marriage License application fee as of September 1, 2023 will be $50.00. (Subject to change)
  • Marriage license applications are ONLY accepted Monday-Thursday from 9am-4pm (excluding Holidays). Applications MUST be done in person with BOTH parties present.
  • There is a 24 hour waiting period after the application is filed before it may be picked up and or the license can be available to the parties. NO EXCEPTIONS
  • Parental consent is required for an applicant between the ages of 16 and 18. A marriage license will not be issued if either applicant is under the age of 16. Applicants under the age of 18 must be accompanied by consenting parent and must furnish a certified copy of a birth certificate or a hospital or baptismal certificate (issued and dated within one year after birth) as well as Social Security card and or other documents. Persons age 18 and over must both bring State issued ID and Social Security Card. (In lieu of those documents, the following may be accepted:  military service identification card; selective service identification card; passports and visas.)
  • A blood test is NOT required
  • We DO NOT perform ceremonies in this court. 
  • Any persons authorized to administer Oaths in South Carolina may perform the ceremony (Ministers, Preachers, Notary Public, etc.)
  • Witnesses are not required. 
  • The ceremony MUST be performed in SC but not necessarily in the county, the license was issued. 

⇛  TO OBTAIN A COPY OF A MARRIAGE LICENSE:

  • Certified Copies of Marriage License is $5: Year of marriage and names of both parties including maiden names.
  • Please note that this court ONLY has licenses that were applied for in Hampton County. If you received your license from another county, you must contact that county for a copy. 
  • Original Marriage Records are onsite from 1911 to Current. 

 ⇛  ESTATE PROCESS:

  • If there is a will at the time of death, the original MUST BE filed with the court within 30 days from the date of death. 
  • Informal Estate Procedures require no notices or hearings unless demand by an interested party pursuant to South Carolina Code of Laws, 62-3-2014 (1976 Amended).
  • To open an Informal Estate, filing fee is $25 plus the value of the estate. 
  • Formal Estate Proceedings are contested matters such as objections to appointments of personal representatives, Will contests, lost or destroyed Wills and declaratory judgments on intestacy. Formal Proceedings requires Notices to all interested parties and a Hearing before the Judge. Again, there are no law clerks in this court and this court can not give legal advice. If you have questions concerning a Formal Estate Process, it may be best to contact an Attorney. 
  • Formal Proceedings filing fee is $150.00 plus any additional court costs/fees. 
  • Small Estate Administration occurs when the decedent’s estate less liens and any encumbrances does not exceed twenty five thousand dollars. This cannot take place until 30 days after death and must not include any real estate property. 

⇛  DOCUMENTS THAT ARE NEEDED FOR ESTATE PROCESS:

  • Original Death Certificate 
  • Funeral Bill (must be paid before the closing of the estate)
  • Any titles, deeds or insurance policies
  • Original Will
  • ID
  • Court Fees
  • There may be more that will be needed but the court can assist you with those once an estate is open.

⇛  Below are questions to determine what type, if any, estate administration is     needed:

  • Was the decedent permanently living in Hampton County at the time of death? If not, please contact the Probate Court of the appropriate County in which they resided in. 
  • Did the decedent pass within the last 10 years? 
  • Did the decedent own real estate in this county?
  • Did the decedent own personal property valued more than $25,000? 
  • Are there survivorship or beneficiaries on any property of the decedents? 

***Through these questions the court can determine if your loved one’s estate needs to be probated and what kind of probate administration will be needed.***

 

⇛  COMMITMENT PROCEDURES:

  • Emergency Involuntary Commitment Procedures: If you have personal knowledge of a person who suffers from mental illness or chemical dependence (alcohol or drug addiction)who is an IMMEDIATE danger to him/herself or others and is unwilling to get help, the person may need involuntary commitment at a facility for treatment. If the need arises for an emergency commitment for an individual located in Hampton County, please go directly to Coastal Empire Mental Health Dept. locate at 65 Forrest Dr. Varnville, SC 29944. Please do not come to Probate Court first. You MUST go to Coastal Empire Mental Health or New Life first. Before coming to Probate Court. We can only assist after the Mental Health Center has done an initial screening. 
  • If the Mental Health Center determines that emergency treatment is necessary, you will bring the documents issued to you by Mental Health to the office for an Order of Detention. This order allows law enforcement to pick up the person and transport him/her to Hampton Regional Medical Center’s ER Dept. to be examined. The hospital staff will determine the appropriate treatment. 

 

***Guardianship, Conservatorship and Minor Settlements can also be heard through Probate and may need legal assistance. 

Please reach out to an attorney for those matters. The court can not recommend any particular Law Firm.***

 

The Honorable Shannon Parker; Hampton County Probate Judge 

The Honorable Rosa Orr; Hampton County Associate Probate Judge 

 

Hampton County Probate Court

1 Courthouse Square 

PO BOX 601

Hampton, SC 29924

Office number: 803-914-2172

Fax number: 803-14-2183

**We are located on the second floor of the Hampton County Court House***

 

Office Hours: 

Monday-Thursday 8:30am-5:00pm

Friday 8:30am-4:00pm

Closed daily for lunch from 1pm-2pm

 

Please give 24 hours to return your calls and if you have not heard from the office, please call back. 

 

Thank you for visiting Hampton County Probate Court, please let us know how we may help you with any of the above matters.