The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for South Carolina with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page South Carolina reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our South Carolina probate pages.
South Carolina probate fees
| Item | South Carolina |
|---|---|
| Court filing fee | 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. |
| 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. |
| Fee basis | percentage |
| Appraisal / 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). |
Worked example
On a South Carolina estate with $400,000 of personal property, the statutory maximum executor commission is about $20,000 (5%). Note that real estate is only counted in the base if it is actually sold during probate — real property that passes directly to heirs is excluded. The attorney fee is separate.
South Carolina thresholds and deadlines
| Item | South Carolina |
|---|---|
| Small-estate threshold | 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. |
| 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)). |
| Statutory floor (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)). |
| 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. |
What passes outside South Carolina probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- 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.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: 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
- State authority: South Carolina Code of Laws (South Carolina Legislature, scstatehouse.gov)
- Executor fees: https://www.scstatehouse.gov/code/t62c003.php
- Court filing fees: https://www.scstatehouse.gov/code/t08c021.php
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the South Carolina court before relying on it.
The full South Carolina guides
- How Much Does Probate Cost in South Carolina? — the full cost breakdown.
- How Much Does an Executor Get Paid in South Carolina? — the fee rule in detail.
- How Long Does Probate Take in South Carolina? — the timeline and its statutory floor.
- Executor Deadlines in South Carolina — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in South Carolina — the transfers that pass outside it.
- How Much Does a Will Cost in South Carolina? — execution requirements and pricing.
Fee sheets for other states
California · Texas · Florida · New York · Pennsylvania · Illinois · Ohio · Georgia · North Carolina · Michigan · Connecticut · Arkansas · Indiana · Oklahoma · Oregon · New Jersey · Washington · Arizona · Colorado · Massachusetts · Maryland · Minnesota · Missouri · Alabama · Alaska · Delaware · Hawaii · Idaho · Iowa · Kansas · Kentucky · Louisiana · Maine · Mississippi · Montana · Nebraska · Nevada · New Hampshire · New Mexico · North Dakota · Rhode Island · South Dakota · Tennessee · Utah · Vermont · Virginia · West Virginia · Wisconsin · Wyoming
This sheet sets out South Carolina probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the South Carolina courts or a licensed South Carolina attorney.