The Estate Planning Guide Est. 2026

How much does probate cost in South Carolina?

Published June 3, 2026 4 min read

Quick answer

South Carolina does not set attorney fees by statute, but two costs are set by law: the personal representative's commission is capped at 5% (S.C. Code §62-3-719) and the probate court's filing fee follows a sliding scale tied to estate value. A routine $500,000 estate runs roughly a $695 court filing fee plus $2,500 to $6,000 in attorney fees.

⚠️ Educational information only — not legal, tax, or financial advice.

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.

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. Attorneys typically charge a flat fee ($2,500–$6,000 for a routine estate) or hourly; fees must be reasonable and the probate court can review them.

Executor / personal representative fees

S.C. Code §62-3-719 caps the personal representative's commission at 5% of personal property, plus up to 5% of certain real-property sale proceeds and up to 5% of estate income. Family executors often waive it.

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: about $45 on a $20,000 estate; $95 plus 0.15% of the excess over $100,000 up to $600,000 (about $695 on a $500,000 estate); then 0.25% of any value above $600,000.

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

About 8 to 12 months, largely because creditors have eight months to file claims. Contested estates, missing heirs, or real estate sales can extend that.

Creditor claim period

Creditors must present claims within eight months of the first published notice, and in no event later than one year after death, under S.C. Code §62-3-801 and §62-3-803. 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. As of May 2025, estates with net personal property of $45,000 or less (no real estate) can use a small-estate affidavit or summary administration under S.C. Code §62-3-1201, filed 30 days after 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.

Do you need a lawyer?

For most South Carolina estates that go through full probate, yes — the court process has formal requirements and missed deadlines can cost more than the legal fees they were meant to avoid. For genuinely simple estates, or where a small-estate procedure applies, many families handle it themselves or use a legal document preparer for a flat fee.

The honest takeaway

The cheapest probate cost is the one you avoid in advance — by titling assets correctly, keeping beneficiary designations current, and, where it makes sense, using a living trust. If your estate is likely to exceed South Carolina’s small-estate thresholds, it’s worth talking to a licensed South Carolina estate attorney while you still have the option to plan.

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.

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