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: 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. |
| 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. |
| 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 | 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. |
| 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. |
| Typical duration | About 8 to 12 months, largely because creditors have eight months to file claims. |
| 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://law.justia.com/codes/south-carolina/title-62/article-3/section-62-3-719/
- Court filing fees: https://law.justia.com/codes/south-carolina/title-8/chapter-21/section-8-21-770/
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.
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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.