✓ Verified June 2026
This guide explains the South Carolina probate process in plain English — which court handles it, how long it takes, what it costs, and how families can sometimes skip it. All figures are from South Carolina law, verified as of June 2026.
In This South Carolina Guide:
South Carolina Probate at a Glance
Here are the key facts about the South Carolina probate process:
| Court that handles probate | Probate Court (one in each of South Carolina’s 46 counties; jurisdiction based on decedent’s county of domicile) |
| Probate types available | Informal probate (no hearing, clerk-processed, most common); unsupervised formal probate (judge approves certain actions but personal representative acts independently); supervised formal probate (court oversees all distributions, used for disputes or complex estates); small estate affidavit (estates valued at 45000 or less after liens, per 2025 Act No. 26 amending S.C. Code 62-3-1201) |
| Typical timeline | 8 to 12 months for a standard uncontested estate; the minimum is roughly 8 months because South Carolina requires an 8-month creditor claim period from the date of first publication of notice to creditors; contested or complex estates may take 12 to 24 months or longer |
| Fastest option | Small estate affidavit (Form 420ES) for estates valued at 45000 or less after subtracting liens and encumbrances; requires at least 30 days after death and no pending petition for appointment of a personal representative; may be completed in 4 to 6 weeks |
| Fee structure | STATUTORY-FEE state; probate court filing fees are set by S.C. Code 8-21-770(B) based on the gross value of the probate estate; personal representative compensation is capped by S.C. Code 62-3-719 at 5 percent of personal property plus 5 percent of proceeds from real property sales plus 5 percent of estate income |
| Typical total cost | For a 500000 estate, court filing fees run approximately 695 (95 base plus 0.15 percent of the amount between 100000 and 500000); attorney fees typically range from 3500 to 7000 for a straightforward estate; personal representative commission up to 5 percent; total costs commonly fall in the range of 2 to 5 percent of the estate value depending on complexity |
| Court filing fee | Statutory schedule per S.C. Code 8-21-770(B): estates under 5000 pay 25; 5000 to under 20000 pay 45; 20000 to under 60000 pay 67.50; 60000 to under 100000 pay 95; 100000 to 600000 pay 95 plus 0.15 percent of value above 100000; over 600000 pay the amount for 600000 plus 0.25 percent of value above 600000 |
| Executor compensation | Statutory cap under S.C. Code 62-3-719: up to 5 percent of the value of personal property received plus up to 5 percent of proceeds from sale of real property plus up to 5 percent of income earned by the estate; minimum compensation is 50 regardless of estate size; the will or a contract may set a different amount; the court may deny additional commission if the personal representative acted unreasonably or caused unreasonable delay |
How to Avoid Probate in South Carolina
Revocable living trust (assets titled in the trust bypass probate); joint tenancy with right of survivorship (real and personal property passes automatically to survivor); payable-on-death (POD) designations on bank accounts; transfer-on-death (TOD) registration for securities and brokerage accounts; beneficiary designations on life insurance and retirement accounts; small estate affidavit for estates valued at 45000 or less; NOTE: South Carolina does NOT recognize transfer-on-death deeds for real estate
Out-of-state property (ancillary probate): Yes, South Carolina requires ancillary probate for real property owned by an out-of-state decedent located within South Carolina; likewise, a South Carolina decedent who owns real property in another state will trigger ancillary probate in that state; a living trust holding the out-of-state property may avoid ancillary probate
Other South Carolina probate rules: South Carolina adopted a modified version of the Uniform Probate Code (Title 62 of the S.C.
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Code of Laws); personal representative must file an inventory and appraisal of probate assets within 90 days of appointment; creditors with actual notice have 60 days to file claims while those notified only by publication have 8 months from first publication or 1 year from date of death (whichever is earlier); South Carolina has no state estate tax and no state inheritance tax;
the personal representative is called a “personal representative” (not executor/administrator) in the code though both terms are commonly used; elective share for surviving spouse is one-third of the probate estate; South Carolina does not recognize holographic (handwritten unwitnessed) wills — a valid will must be signed by the testator and attested by at least two witnesses
Understanding the South Carolina Probate Process
The South Carolina probate process follows a clear sequence — open the case, appoint the executor, inventory assets, pay debts, then distribute what is left. How long the South Carolina probate process takes and what it costs depends on the type of probate the estate qualifies for, which is why the exact figures above matter.
Many families are relieved to learn the South Carolina probate process is simpler and cheaper than they feared, especially for smaller or well-planned estates. Your state probate court’s self-help center can guide an executor through the South Carolina probate process step by step.
You don’t have to do this alone
If you are settling a loved one’s estate in South Carolina, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
Official South Carolina Sources & Resources
- South Carolina Probate Court: https://www.sccourts.org/courts/trial-courts/probate-court/
- South Carolina Probate Code: https://www.scstatehouse.gov/code/t62c003.php
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This South Carolina probate guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More South Carolina Wills & Probate Guides
- South Carolina Wills & Estate Planning
- Dying Without a Will in South Carolina
- South Carolina Estate & Inheritance Tax
- South Carolina Small Estate Affidavit
- South Carolina Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.