Settling an Estate in South Carolina
Reviewed by DocDraft Legal Team · South Carolina · Last updated August 27, 2026
South Carolina Code 14-23-1010 establishes a Probate Court in every county of the state, located at the county seat and forming part of the unified judicial system, and the judge of that court is a county elected official serving a four year term under South Carolina Code 14-23-1020. Two features set South Carolina apart from other states that enacted the Uniform Probate Code. The first is money: South Carolina Code 8-21-770 fixes the court's fee by statute as a graduated percentage of the gross value of the probate estate shown on the inventory and appraisement, so the cost of opening the estate is calculable in advance rather than a flat filing fee. The second is the small estate route: the affidavit under South Carolina Code 62-3-1201 rose from $25,000 to $45,000 under 2025 Act No. 26 effective May 8, 2025, and unlike the affidavit in most states it has to be approved and countersigned by the probate judge before any bank will honor it. Creditors have eight months from the first publication of notice under South Carolina Code 62-3-801, with an outside bar of one year from the date of death under South Carolina Code 62-3-803.
Find out where you stand in South Carolina
Where are you in settling the estate?
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Is probate required in South Carolina, and when can it be avoided?
Not always. Property held in joint tenancy with right of survivorship, payable on death and transfer on death accounts, life insurance and retirement benefits with a living beneficiary, and trust assets all pass outside the probate estate. South Carolina Code 62-3-1201 also lets a successor collect personal property by affidavit once the probate judge countersigns it.
Which court handles probate in South Carolina?
The Probate Court of the county where the decedent was domiciled. South Carolina Code 14-23-1010 establishes a probate court in every county, located at the county seat and part of the unified judicial system. Its judge is a county elected official serving a four year term, not an appointee.
What is the small estate threshold in South Carolina, and does real property count?
South Carolina Code 62-3-1201 sets it at $45,000, raised from $25,000 by 2025 Act No. 26 effective May 8, 2025. The ceiling measures the entire probate estate wherever located, less liens and encumbrances, so real property counts toward it. The affidavit itself moves only personal property, never a house.
How long does probate take in South Carolina?
A full administration commonly runs eight months to a year or more. The pacing item is South Carolina Code 62-3-801, which requires publication once a week for three successive weeks and gives creditors eight months from first publication. Section 62-3-803 bars claims no later than one year after death.
A statutory fee keyed to the inventory, and a judge who has to countersign the affidavit
The cost of a South Carolina estate is set by statute rather than by a flat filing fee, and it is worth knowing before the inventory is filed. South Carolina Code 8-21-770(B) charges the Probate Court fee on the gross value of the decedent's probate estate as shown on the inventory and appraisement, on a published ladder: $25 below $5,000, $45 from $5,000 to under $20,000, $67.50 from $20,000 to under $60,000, $95 from $60,000 to under $100,000, then $95 plus 0.15 percent of the valuation between $100,000 and $600,000, and above $600,000 that amount plus one quarter of one percent of everything over $600,000. A $600,000 estate therefore carries a court fee of $845. Fees are payable when the application is filed, though the probate judge may defer payment no longer than the deadline for the inventory. The second South Carolina peculiarity is the small estate affidavit. South Carolina Code 62-3-1201 lets a successor collect personal property thirty days after death where the value of the entire probate estate, wherever located, less liens and encumbrances, does not exceed $45,000, a figure 2025 Act No. 26 raised from $25,000 effective May 8, 2025. In most states that affidavit is simply handed to the bank. In South Carolina it must be approved and countersigned by the probate judge of the county of the decedent's domicile and then filed in that probate court, so the route runs through the courthouse even though no personal representative is appointed. The affidavit reaches tangible personal property and instruments evidencing a debt, obligation, stock, or chose in action. It does not convey real property, yet real property still counts toward the $45,000 measurement, which means a homeowner's estate can be both too large for the affidavit and unable to use it. Where a personal representative is appointed, South Carolina Code 62-3-1203 offers a summary procedure once the inventory and appraisal show the estate does not exceed $45,000 plus exempt property, administration costs, reasonable funeral expenses, and last illness medical expenses, and a separate branch of that section applies with no dollar ceiling at all where the appointed personal representative is the sole devisee or sole heir. Creditors get eight months from first publication under South Carolina Code 62-3-801(a), and a creditor given written notice has until one year from death or sixty days from the mailing, whichever is earlier, a 2013 change that reversed the usual whichever is later formulation. South Carolina is a common law property state, not a community property state: South Carolina Code 62-2-201 gives a surviving spouse an elective share of one third of the probate estate, and South Carolina Code 62-2-102 gives the spouse the entire intestate estate where there is no surviving issue and one half where there is.
Relevant Laws
South Carolina Code Title 62, Article 3 (Administration of decedents' estates)
South Carolina's enactment of the Uniform Probate Code administration provisions. It supplies informal probate and appointment under 62-3-301, requires the personal representative to prepare an inventory and appraisement within ninety days of appointment and file the original with the court under 62-3-706, excuses bond under 62-3-603 where all heirs and devisees waive it, where the representative is the sole heir or devisee, or where the representative is named in the will and the will does not expressly require bond, and bars any appointment proceeding commenced more than ten years after death under 62-3-108.
South Carolina Code 62-3-1201 and 62-3-1203 (Small estate affidavit and summary administration)
Section 62-3-1201 permits collection of personal property by affidavit thirty days after death where the value of the entire probate estate, wherever located, less liens and encumbrances, does not exceed $45,000, and requires the affidavit to be approved and countersigned by the probate judge of the county of the decedent's domicile and filed in that probate court. It reaches tangible personal property and instruments evidencing a debt, obligation, stock, or chose in action, and does not convey real property. Section 62-3-1203 lets an appointed personal representative distribute immediately and close by statement where the inventory and appraisal show a value not exceeding $45,000 plus exempt property, costs and expenses of administration, reasonable funeral expenses, and last illness medical expenses, and applies with no dollar ceiling where the representative is the sole devisee or sole heir. Both figures were raised from $25,000 by 2025 Act No. 26, effective May 8, 2025.
South Carolina Code 62-3-801 and 62-3-803 (Notice to creditors and limitations on claims)
Section 62-3-801(a) requires a personal representative upon appointment to publish notice once a week for three successive weeks in a newspaper of general circulation in the county, notifying creditors to present claims within eight months after the date of first publication or be forever barred. Subsection (b) allows written notice by mail giving a creditor until one year from death or sixty days from the mailing, whichever is earlier. Subsection (d) dispenses with notice entirely if no personal representative is appointed within one year of death. Section 62-3-803 then bars pre death claims unless presented within the earlier of one year after death or the period set by the notice given under 62-3-801.
South Carolina Code 14-23-1010 and 14-23-1020 (Probate Court of each county)
Establishes a probate court in each of the counties of the state, located at the county seat, open at all reasonable hours, and forming part of the unified judicial system, with a judge of probate for each court selected for a four year term. Section 14-23-1040 limits the office to a qualified elector of that county holding a four year bachelor's degree or four years of experience working in a South Carolina probate judge's office, so the judge need not be a lawyer. Under 62-1-302 the probate court has exclusive original jurisdiction over decedents' estates, including will contests.
Regional Variances
South Carolina probate track table
Probate estate $45,000 or less, personal property only
Affidavit under South Carolina Code 62-3-1201, available thirty days after death. Measured on the entire probate estate wherever located, less liens and encumbrances. No personal representative is appointed, so no bond, no inventory, and no publication. The affidavit must be approved and countersigned by the probate judge of the county of domicile and filed in that court, and the filing fee follows the 8-21-770 valuation ladder.
Probate estate $45,000 or less but including real property
The affidavit is not a way out. Section 62-3-1201 reaches tangible personal property and instruments evidencing a debt, obligation, stock, or chose in action only, so land and houses need an appointment. Real property nevertheless counts toward the $45,000 measurement, which is why a modest home puts an estate on the appointment track from both directions.
Appointed estate that turns out to be small
Summary administrative procedure under South Carolina Code 62-3-1203(a), triggered once the inventory and appraisal show a value not exceeding $45,000 plus exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary last illness medical expenses. Publication under 62-3-801 is still required, but no additional creditor notice is, and the estate closes on the verified statement in 62-3-1204.
Personal representative is the sole devisee or sole heir, any size
South Carolina Code 62-3-1203(b) applies the same summary procedure with no dollar ceiling whatsoever where the appointed personal representative is the sole devisee under a probated will or the sole heir of an intestate decedent. Notice to creditors under 62-3-801 must still be published, so unlike some states' sole beneficiary shortcuts this one does not trade away the claim bar.
Everything above the summary tracks
Full administration in the county Probate Court. Informal probate and appointment under 62-3-301, or formal proceedings where the will or the appointment is contested. Inventory and appraisement filed within ninety days under 62-3-706, creditor claims barred eight months after first publication under 62-3-801, real property distributed by deed of distribution under 62-3-907.
South Carolina deadlines, fees, and mechanics
Creditor claims
Eight months from the date of first publication under South Carolina Code 62-3-801(a), which the representative must publish upon appointment. A creditor given written notice under subsection (b) has one year from death or sixty days from the mailing, whichever is earlier. Section 62-3-803 sets the outside bar at the earlier of one year after death or the period the notice created.
Court fee
South Carolina Code 8-21-770(B) computes the Probate Court fee on the gross probate estate shown on the inventory and appraisement: $25, $45, $67.50, and $95 for the bands below $100,000, then $95 plus 0.15 percent of value between $100,000 and $600,000, then one quarter of one percent on anything above $600,000. Payable at filing, deferrable at the judge's discretion no later than the inventory deadline.
Inventory and appraisement
Due within ninety days after appointment under South Carolina Code 62-3-706, listing probate property with fair market value at date of death and any encumbrance. The original is filed with the Probate Court, not merely circulated. A separate list of nonprobate property is due within ninety days of a demand by an interested person.
Bond
South Carolina Code 62-3-603 requires no bond where all heirs and devisees agree to waive it, where the personal representative is the sole heir or devisee, where the representative is a state agency, bank, or trust company and the will does not expressly require bond, or where the representative is named in the will and the will does not expressly require bond. Subsection (B) adds a waiver route for estates under $20,000.
Spousal entitlement
An elective share, not community property. South Carolina Code 62-2-201 gives the surviving spouse one third of the probate estate, defined by 62-2-202 as property passing by will plus property passing by intestacy, reduced by funeral and administration expenses and enforceable claims. The election must be filed within the later of the three periods in 62-2-205.
Suggested Compliance Checklist
Value the probate estate and test it against $45,000
Weeks 1-3 days after startingAdd the property passing under the will to the property passing by intestacy, wherever located, and subtract liens and encumbrances. Exclude survivorship property, payable on death and transfer on death accounts, and trust assets. Compare against the $45,000 figure in South Carolina Code 62-3-1201, and remember that real property counts toward that measurement even though the affidavit cannot convey it.
Prepare the affidavit and take it to the probate judge to countersign
Day 30 or later days after startingSouth Carolina Code 62-3-1201 requires that thirty days have passed since death, that no application or petition for appointment of a personal representative is pending or granted anywhere, and that the affidavit be approved and countersigned by the probate judge of the county of the decedent's domicile and filed in that court. Unlike most states, a holder of the asset cannot act on this affidavit until the judge has signed it.
Publish notice to creditors and diary eight months from first publication
Upon appointment days after startingArrange publication once a week for three successive weeks in a newspaper of general circulation in the county under South Carolina Code 62-3-801(a), stating the appointment and address and directing creditors to present claims within eight months of first publication. Calendar that date, and separately calendar sixty days from any written notice mailed under subsection (b), because that one runs on whichever is earlier.
File the inventory and appraisement within ninety days of appointment
Within 90 days of appointment days after startingSouth Carolina Code 62-3-706 requires the original inventory and appraisement of probate property to be filed with the Probate Court within ninety days of appointment, with fair market value at the date of death and any encumbrance for each item, plus a mailed copy to anyone who filed a demand for notice. The gross value stated here is what sets the court fee under 8-21-770, so get appraisals right.
Hold distributions until the claim period closes, then execute the deeds
After the claim period days after startingDo not distribute before the eight month period in South Carolina Code 62-3-801 has run, because a representative who pays out early carries a late but timely claim personally. Once claims are resolved, distribute in kind and execute a deed of distribution for real property under South Carolina Code 62-3-907. An attorney can review the claim file before funds are released.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Value the probate estate and test it against $45,000 | Add the property passing under the will to the property passing by intestacy, wherever located, and subtract liens and encumbrances. Exclude survivorship property, payable on death and transfer on death accounts, and trust assets. Compare against the $45,000 figure in South Carolina Code 62-3-1201, and remember that real property counts toward that measurement even though the affidavit cannot convey it. | - | Weeks 1-3 |
| Prepare the affidavit and take it to the probate judge to countersign | South Carolina Code 62-3-1201 requires that thirty days have passed since death, that no application or petition for appointment of a personal representative is pending or granted anywhere, and that the affidavit be approved and countersigned by the probate judge of the county of the decedent's domicile and filed in that court. Unlike most states, a holder of the asset cannot act on this affidavit until the judge has signed it. | small-estate-affidavit | Day 30 or later |
| Publish notice to creditors and diary eight months from first publication | Arrange publication once a week for three successive weeks in a newspaper of general circulation in the county under South Carolina Code 62-3-801(a), stating the appointment and address and directing creditors to present claims within eight months of first publication. Calendar that date, and separately calendar sixty days from any written notice mailed under subsection (b), because that one runs on whichever is earlier. | - | Upon appointment |
| File the inventory and appraisement within ninety days of appointment | South Carolina Code 62-3-706 requires the original inventory and appraisement of probate property to be filed with the Probate Court within ninety days of appointment, with fair market value at the date of death and any encumbrance for each item, plus a mailed copy to anyone who filed a demand for notice. The gross value stated here is what sets the court fee under 8-21-770, so get appraisals right. | asset-inventory | Within 90 days of appointment |
| Hold distributions until the claim period closes, then execute the deeds | Do not distribute before the eight month period in South Carolina Code 62-3-801 has run, because a representative who pays out early carries a late but timely claim personally. Once claims are resolved, distribute in kind and execute a deed of distribution for real property under South Carolina Code 62-3-907. An attorney can review the claim file before funds are released. | - | After the claim period |
Frequently Asked Questions
The fee is fixed by South Carolina Code 8-21-770 as a percentage of the gross probate estate shown on the inventory and appraisement, not as a flat charge. It runs $25 below $5,000, $45 to under $20,000, $67.50 to under $60,000, $95 to under $100,000, then $95 plus 0.15 percent of the value between $100,000 and $600,000, and above that one quarter of one percent on the excess. A $600,000 estate costs $845.
Yes, and the exposure is real. South Carolina Code 62-3-803 bars a claim only after the earlier of one year from death or the period triggered by notice under 62-3-801, and until that point a timely creditor can still be paid. A representative who has already handed assets to beneficiaries may have to make the estate whole personally, since money spent by a distributee is rarely recoverable.
By a deed of distribution. South Carolina Code 62-3-907 requires the personal representative to execute a deed of distribution for real property distributed in kind as evidence of the distributee's title. Where the decedent died intestate or devised the land to a distributee, that deed also operates as a release of the representative's power over the title, so it is the instrument a title examiner will look for in the chain.
South Carolina Code 62-2-102 is unusually short. A surviving spouse takes the entire intestate estate if the decedent left no surviving issue, and one half of it if there are surviving issue, with the rest passing to the issue under 62-2-103. South Carolina is not a community property state, so there is no automatic one half interest belonging to the survivor before the estate is measured.
Other South Carolina guides
Asset Protection Planning in South Carolina (2026)
Dealing With Debt Collectors in South Carolina (2026)
Expunging a Criminal Record in South Carolina (2026)
Filing Chapter 7 Bankruptcy in South Carolina (2026)
Firing an Employee in South Carolina (2026)
How to Break a Lease in South Carolina Legally (2026)
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