South Carolina probate is handled in the county Probate Court — a court of limited jurisdiction that exists in each of the 46 counties and is dedicated to estate administration, guardianships, and conservatorships. South Carolina has adopted a modified version of the Uniform Probate Code, and a 2025 law significantly raised the small-estate threshold. This guide walks through every option.
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Does South Carolina Always Require Probate?
No. Assets that pass outside of probate include those held in a revocable living trust, accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and (for spouses) tenancy by the entirety. South Carolina has not adopted a transfer-on-death deed for real estate, so a revocable living trust is typically the most reliable way to keep real estate out of probate.
The Three Tracks of South Carolina Probate
- Collection by affidavit (≤ $45,000): For estates where the entire probate estate — less liens and encumbrances — does not exceed $45,000, a successor can collect the decedent's personal property using a sworn affidavit under S.C. Code § 62-3-1201, approved and countersigned by the probate judge, without opening full administration. The affidavit can't be used until 30 days after death, and only applies if no personal representative has been appointed or is pending.
- Informal probate: South Carolina's most common path. Handled administratively by the Probate Court without formal hearings for routine matters.
- Formal probate: Required when there is a will contest, when the will is unclear or invalid on its face, or when other complications need a hearing.
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See the full checklist →How to Open Probate in South Carolina
- File an Application for Informal Probate of Will (or Application for Informal Appointment of Personal Representative if there is no will) in the Probate Court of the county where the deceased was domiciled.
- Bring the original will, a certified death certificate, and a list of heirs.
- The Probate Judge or Registrar reviews the application — usually within a few weeks.
- If approved, the court issues Letters Testamentary or Letters of Administration.
South Carolina's Statutory Personal Representative Compensation
South Carolina sets personal representative compensation by statute under S.C. Code § 62-3-719: up to 5% of the appraised value of the personal property of the estate, plus 5% of the income earned by the estate during administration. The court may approve more for unusual services or less if the work warrants it. Real property is typically not included in the commission base unless the personal representative actually sells it. Example: a $200,000 personal-property estate generates up to $10,000 in commissions; a $500,000 personal-property estate generates up to $25,000.
Creditor Claims in South Carolina
The personal representative must publish a Notice to Creditors in a county newspaper. Under S.C. Code § 62-3-803, creditors then have 8 months from the date of first publication to file claims, or 1 year from the date of death if no notice was ever published — whichever period is earlier controls in practice. Direct notice to a known creditor triggers a 60-day claim window from delivery of that notice, if later than the general deadline.
Pro tip
South Carolina's 8-month creditor period is longer than most states' (often 4 or 6 months). Plan for an 8–12 month total timeline even for simple estates, and don't promise beneficiaries earlier distributions until the creditor window closes.
Intestacy in South Carolina
If there is no will, South Carolina's intestacy statute, S.C. Code § 62-2-102, applies: if the deceased has a surviving spouse and descendants, the spouse takes 1/2 and the descendants take 1/2. If the deceased has a spouse but no descendants, the spouse inherits everything. If there is no spouse, descendants inherit equally; if no descendants, parents take next, then siblings, per § 62-2-103.
South Carolina Has No State Estate or Inheritance Tax
South Carolina has no state estate tax and no inheritance tax. Only the federal estate tax applies, with its exemption of $15 million per person for 2026. The vast majority of South Carolina estates owe no estate or inheritance tax of any kind.
Exempt Property and Homestead Protections
Under S.C. Code § 62-2-401, the surviving spouse (or, if none, the minor or dependent children jointly) is entitled to up to $45,000 in household furniture, automobiles, furnishings, appliances, and personal effects — free of most creditor claims and payable from other estate assets if there isn't $45,000 worth of qualifying property available. This claim must be filed within 8 months of death (or 6 months after the will is probated, whichever is later), under § 62-2-402. Separately, South Carolina's general homestead exemption — not a probate-specific allowance, but a creditor-protection statute under S.C. Code § 15-41-30 — shields up to $50,000 per person (or $100,000 total per living unit with multiple owners) of home equity from most creditors.
You're reading about probate in South Carolina. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in South Carolina may change. Consult a licensed South Carolina attorney for guidance specific to your situation.