How much does probate cost in South Carolina?

The short answer

South Carolina does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.

Attorney fees

Not statutory. Fees must be reasonable and the probate court can review them.

Executor / personal representative fees

S.C. Code §62-3-719(a) allows the personal representative, unless the court approves more for extraordinary services, "a sum from the probate estate funds not to exceed five percent of the appraised value of the personal property of the probate estate PLUS the sales proceeds of real property of the probate estate received on sales directed or authorized by will or by proper court order, except upon sales to the personal representative as purchaser" — one five percent computed on that combined base, not a separate five percent on each. The same subsection sets a floor: "[t]he minimum commission payable is fifty dollars, regardless of the value of the personal property of the estate." §62-3-719(b) allows a further commission of not more than five percent of the income earned by the probate estate, and provides that none is payable "if the probate judge determines that a personal representative has acted unreasonably in the accomplishment of the assigned duties, or that unreasonable delay has been encountered". §62-3-719(c) disapplies the section where there is a contract for compensation, where the will directs otherwise, or where the representative qualified before 28 June 1984. §62-3-719(d) allows a written renunciation of all or part of the fee to be filed with the court. §62-3-719(e) requires the court to apportion compensation among multiple representatives without exceeding the sole-representative maximum. §62-3-719(f) defines "probate estate" as the decedent’s property passing under the will plus property passing by intestacy. No named, dated source for how often South Carolina executors renounce the fee in practice is cited here.

What the fee is based on

South Carolina's standout cost is the statutory probate filing fee: a sliding scale under S.C. Code §8-21-770 that keeps rising with estate value, adding 0.15% of value between $100,000 and $600,000 and 0.25% of everything above $600,000.

Court filing fees

A sliding-scale filing fee under §8-21-770(B), on the gross value of the probate estate as shown on the inventory and appraisement: $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; $95 plus 0.15% of the value between $100,000 and $600,000 ($695 on a $500,000 estate); and above $600,000, that amount plus one-fourth of one percent of the value above $600,000. §8-21-770(A) makes those fees payable on the filing of the application or petition, allows the probate judge to defer payment for no longer than the time allowed by law for filing the inventory and appraisement, and requires any adjustment to be made "before or at the time of final settlement". For this subsection §8-21-770(B) defines the "decedent’s probate estate" as the decedent’s property passing under the will plus property passing by intestacy.

Appraisal / probate referee

Not used. South Carolina does not appoint a state appraiser, but the personal representative must file an inventory and appraisement within 90 days of appointment (S.C. Code §62-3-706).

How long probate takes in South Carolina

We found no published source for how long probate takes in South Carolina as of September 2026. No South Carolina court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Eight months after the date of the first publication of the notice to creditors, which the personal representative must publish on appointment (S.C. Code §62-3-801(a)). A creditor given written notice by mail or other delivery has one year from the decedent's death or 60 days from the mailing or delivery, whichever is earlier (§62-3-801(b)). South Carolina departs from the Uniform Probate Code wording here: 2013 Act No. 100 replaced "whichever is later" with "whichever is earlier" in subsection (b), so written notice can shorten a noticed creditor's period rather than extend it. Claims arising before death are barred at the earlier of one year after death or the applicable §62-3-801 period (§62-3-803(a)). Notice to creditors is not required at all if no personal representative is appointed during the one year following the death (§62-3-801(d)).

Creditor claim period

Eight months after the date of the first publication of the notice to creditors, which the personal representative must publish on appointment (S.C. Code §62-3-801(a)). A creditor given written notice by mail or other delivery has one year from the decedent's death or 60 days from the mailing or delivery, whichever is earlier (§62-3-801(b)). South Carolina departs from the Uniform Probate Code wording here: 2013 Act No. 100 replaced "whichever is later" with "whichever is earlier" in subsection (b), so written notice can shorten a noticed creditor's period rather than extend it. Claims arising before death are barred at the earlier of one year after death or the applicable §62-3-801 period (§62-3-803(a)). Notice to creditors is not required at all if no personal representative is appointed during the one year following the death (§62-3-801(d)). In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.

How to skip full probate (or shrink the bill)

• Small-estate procedure. S.C. Code §62-3-1201(a)(1) measures the threshold on "the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), wherever located, less liens and encumbrances", and sets it at forty-five thousand dollars. 2025 Act No. 26, §1 substituted "forty-five thousand dollars" for "twenty-five thousand dollars". The affidavit runs thirty days after the death.
• Transfer-on-death deed. South Carolina does not authorize a transfer-on-death deed for real estate (a 2025–2026 bill to add one remained pending). A 2024 law allows TOD designations on titled personal property like vehicles, but real property generally passes through probate or a living trust.
• A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
• Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
• Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.

Whether representation is required in South Carolina

South Carolina does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.

What the record shows

Probate cost in South Carolina is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.

Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. South Carolina’s small-estate threshold, above, determines which estates can use the simplified procedure.

Frequently asked questions about probate cost in South Carolina

How much does probate cost in South Carolina?

South Carolina does not set attorney fees by statute. The personal representative's commission is capped by S.C. Code §62-3-719(a) at 5% of the appraised value of the probate estate's personal property plus the proceeds of any court- or will-directed sales of real property, with a minimum of $50, and §62-3-719(b) allows up to a further 5% of income the estate earns. The probate court's filing fee follows a sliding scale tied to estate value. We found no published source for what probate costs in total in South Carolina as of September 2026; the ranges that are published come from law firms and from sites paid to refer customers to them.

What is the small-estate limit in South Carolina?

S.C. Code §62-3-1201(a)(1) measures the threshold on "the value of the entire probate estate (the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy), wherever located, less liens and encumbrances", and sets it at forty-five thousand dollars. 2025 Act No. 26, §1 substituted "forty-five thousand dollars" for "twenty-five thousand dollars". The affidavit runs thirty days after the death.

Who pays the probate costs in South Carolina?

The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.

Can you avoid probate costs in South Carolina?

South Carolina has not adopted a TOD deed for real estate. The transfers that pass a home outside probate are joint ownership with right of survivorship and titling into a trust; for financial assets they are beneficiary designations and POD/TOD accounts. South Carolina has no state estate or inheritance tax.

How long does probate take in South Carolina?

We found no published source for how long probate takes in South Carolina as of September 2026. No South Carolina court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Eight months after the date of the first publication of the notice to creditors, which the personal representative must publish on appointment (S.C. Code §62-3-801(a)). A creditor given written notice by mail or other delivery has one year from the decedent's death or 60 days from the mailing or delivery, whichever is earlier (§62-3-801(b)). South Carolina departs from the Uniform Probate Code wording here: 2013 Act No. 100 replaced "whichever is later" with "whichever is earlier" in subsection (b), so written notice can shorten a noticed creditor's period rather than extend it. Claims arising before death are barred at the earlier of one year after death or the applicable §62-3-801 period (§62-3-803(a)). Notice to creditors is not required at all if no personal representative is appointed during the one year following the death (§62-3-801(d)). The deadlines that run alongside it: How Long Does Probate Take in South Carolina?.

Related reading

• What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.

• How to Avoid Probate in South Carolina — the state-specific avoidance playbook.

• Executor Deadlines in South Carolina — the statutory dates the executor works to, quoted from S.C. Code §62-3-801(a), (b).

• How Long Does Probate Take in South Carolina? — the companion timeline guide for South Carolina.

• Will vs. Trust: How They Differ — the documented differences between the two instruments.

• Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.

---

This page explains South Carolina probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the South Carolina courts or a licensed South Carolina attorney. Sources: S.C. Code §62-3-719, S.C. Code §62-3-801, S.C. Code §62-3-803, S.C. Code §62-3-1201, S.C. Code §8-21-770.