South Carolina probate guide

Probate process in South Carolina

South Carolina probate runs in the county Probate Court. The small-estate threshold was raised from $25,000 to $45,000 effective May 8, 2025 (Act No. 26 / H.3472). Filing fees scale by estate value from $25 for estates under $5,000 to $1,845 for the largest. South Carolina does NOT have a real-property TOD deed statute.

South Carolina probate at a glance

Court
Probate Court (county)
Typical timeline
32–52 weeks
Filing fee
$25–$1845
Small-estate threshold
$45,000
TOD deed allowed?
No
Bond required by default?
Yes (unless waived)
Statute
S.C. Code Ann. §§ 62-1-100 et seq. (South Carolina Probate Code)

Source: www.sccourts.org. Fees and thresholds change — verify with your county court before filing.

How South Carolina probate works, step by step

  1. 1File application for informal or formal probate with the Probate Court
  2. 2Court appoints personal representative and issues certificate
  3. 3Publish notice to creditors; eight-month claim period runs
  4. 4File inventory and appraisal within 90 days; pay debts and taxes
  5. 5File accounting and proposal for distribution

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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed South Carolina probate attorney for advice specific to your situation.