Probate and Recording Deeds in Horry County (Myrtle Beach), South Carolina
Where to file a will or open probate, and where to record a deed, in Horry County (Myrtle Beach) — with the state rules that apply.
Probate court
Address: Conway, SC
Phone: (843) 915-5370
Recording deeds
Horry County Register of Deeds
E-recording: yes - vendors: Simplifile, E-Recording Partners Network (ePN), CSC - https://www.horrycountysc.gov/departments/register-of-deeds/erecording/
South Carolina rules that apply
| Small estate affidavit | If the whole probate estate, less liens and encumbrances, is $45,000 or less, a person entitled to the property may collect personal property (money owed, bank funds, stock, tangible items) with a sworn affidavit once 30 days have passed since the death and no personal representative application is pending. The affidavit must be approved by the probate judge and filed with the probate court. Real estate counts toward the limit but cannot be transferred by this affidavit. The limit rose from $25,000 to $45,000 under 2025 Act No. 26, effective May 8, 2025. Source: S.C. Code § 62-3-1201 |
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| Probate steps | 1) File an application for informal probate and appointment (or a summons and petition for a formal proceeding) with the county probate court; the original will must be in the court's possession for informal probate. 2) The court issues letters to the personal representative. 3) Publish notice to creditors once a week for three successive weeks. 4) File the inventory and appraisement (fair market value at death) with the court within 90 days of appointment. 5) Pay valid claims, expenses and taxes. 6) Distribute and close the estate. Probate or appointment generally cannot begin more than ten years after death. |
| Signing and recording a deed | Before a deed can be recorded it must be signed by the grantor in the presence of two witnesses and then proved by a subscribing witness's affidavit or acknowledged before a notary. The deed must show the grantee's mailing address and a derivation clause. Deeds are recorded with the county Register of Deeds (or Clerk of Court in counties without one). A deed recording fee of $1.85 per $500 of value (state $1.30 plus county $0.55) applies, and an affidavit of value must be filed with the deed (stating the exemption, if any). Fee and affidavit rules are in Title 12, Chapter 24: https://www.scstatehouse.gov/code/t12c024.php |
| Transfer-on-death deed | South Carolina law does not provide a transfer-on-death or beneficiary deed for real estate. Transfer-on-death designations are allowed for titled personal property such as vehicles, mobile homes and watercraft, and payable-on-death designations for bank accounts. |
All South Carolina wills, probate and estate rules · Eviction court and tenant help in Horry County (Myrtle Beach)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.