South Carolina Probate Information
Quick facts
| Topic | South Carolina rule |
|---|---|
| Where estates are filed | South Carolina has 46 counties, and each county has its own Probate Court. The county Probate Court is both the filing office and the court that handles decedent estates (S.C. Code Ann. § 14-23-1010; S.C. Code Ann. § 62-1-302). |
| Constitution and court creation | S.C. Const. art. V, § 1 vests judicial power in a unified judicial system and allows other courts of uniform jurisdiction to be provided by general law. The General Assembly created the county Probate Courts by statute (S.C. Code Ann. § 14-23-1010). |
| Probate Judge | Each county has a Probate Judge elected by that county's voters for a four-year term (S.C. Code Ann. § 14-23-30). Associate probate judges may exist where the county governing body funds them (S.C. Code Ann. § 14-23-1030). |
| Venue | File the first informal or formal testacy or appointment proceeding in the county where the decedent was domiciled at death. If the decedent was not domiciled in South Carolina, file in a county where the decedent had property at death (S.C. Code Ann. § 62-3-201). |
| Primary paths | South Carolina uses informal proceedings, formal proceedings, the small-estate affidavit under S.C. Code Ann. § 62-3-1201, summary administrative procedure under S.C. Code Ann. § 62-3-1203, ordinary administration, administration under Part 5, and filing a will for record. |
| Small-estate figure | The small-estate affidavit ceiling is $45,000, effective May 8, 2025, under 2025 Act No. 26 (H. 3472), and the affidavit must be approved and countersigned by the probate judge and filed in the Probate Court (S.C. Code Ann. § 62-3-1201). |
| Authority document | The statute calls the authority document letters, including letters testamentary and letters of administration (S.C. Code Ann. § 62-1-201; S.C. Code Ann. § 62-3-103). The court-issued proof banks ask to see is the Certificate of Appointment, long published as Form 141PC and reissued as SCCA 141ES, with the raised seal. |
| Statewide fee scale | The estate filing fee is set by S.C. Code Ann. § 8-21-770 and is based on the gross value shown on the inventory and appraisement. The six statutory brackets run from $25.00 for property valuation under $5,000.00 to $845 plus one-fourth of one percent above $600,000.00 for property valuation of $600,000.00 or higher. The current text dates from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994. |
| Formal proceeding and appeal fee | A formal proceeding uses Form 300ES plus a summons and carries the $150 statutory filing fee. A probate appeal to the circuit court also appears in the Judiciary's $150 filing fee band (S.C. Code Ann. § 8-21-770; S.C. Code Ann. § 62-1-308). |
| Fee waiver | S.C. Code Ann. § 8-21-800 directs the probate judge to grant indigency waivers of filing fees in the same manner as other civil cases under Rule 3(b), SCRCP, and separately prohibits waiving value-based estate fees under S.C. Code Ann. § 8-21-770(B), except for the narrow S.C. Code Ann. § 8-21-810 items-or-copies exception for a county officer or the U.S. Veterans Administration. |
| State taxes | South Carolina has no Estate Tax for decedents dying on or after January 1, 2005, according to the South Carolina Department of Revenue. South Carolina does not impose an inheritance tax. |
| Creditor deadlines | Published creditor notice runs once a week for three successive weeks, and creditors must present claims within eight months after first publication or be forever barred (S.C. Code Ann. § 62-3-801). Mailed creditor notice gives the earlier of one year after death or sixty days from mailing or delivery (S.C. Code Ann. § 62-3-801; S.C. Code Ann. § 62-3-803). |
| Outer limit to open | Most informal probate or appointment proceedings and formal testacy or appointment proceedings cannot begin more than ten years after death (S.C. Code Ann. § 62-3-108). |
| E-filing | There is no statewide probate e-filing system. The Judiciary's E-Filing System is for the Court of Common Pleas and defines an authorized e-filer as a licensed South Carolina attorney, not a self-represented probate filer. |
| Case lookup | South Carolina has no single statewide estate lookup confirmed for probate. The Judiciary's Case Records Search page routes to per-county case-record links whose published labels are circuit, magistrate and municipal; some counties publish their own estate search. Ask the county Probate Court how to look up an estate. |
| Remote proceedings | Under the Supreme Court's Use of Remote Communication Technology by the Trial Courts order, as amended February 19, 2025, a probate judge may permit or require remote participation in a non-criminal proceeding on a party's motion or on the judge's own initiative, unless it would likely cause substantial prejudice or affect fairness. The order does not set a statewide probate default. |
| Statewide forms | The SC Judicial Branch publishes a statewide Probate Court form set with 141 entries. Five estate forms are marked mandatory in the Judiciary's listing: Form 300ES, Form 350ES LF, Form 350ES SF, Form 361ES and Form 371ES. |
Before you begin — know the assets and liabilities
Before choosing a South Carolina probate path, identify the probate assets, secured debts and likely court fee. The small-estate affidavit under S.C. Code Ann. § 62-3-1201 measures the entire probate estate, wherever located, less liens and encumbrances, excludes real property, and is capped at $45,000, effective May 8, 2025. The filing fee under S.C. Code Ann. § 8-21-770 is based on the gross value shown on the inventory and appraisement. South Carolina also has statewide pre-appointment tools: Form 480ES for a safe deposit box and Form 482ES for a bank balance.
Sunset searches 2,300 institutions, organizes what is owned and owed, and turns that information into an estate settlement plan before you file. That helps families decide whether a small affidavit, a summary closing or full administration fits the assets actually found.
Which court handles probate
South Carolina probate is organized county by county. Each of the state's 46 counties has its own Probate Court at the county seat, and that court is part of the unified judicial system under S.C. Code Ann. § 14-23-1010. The Probate Court is both the filing office and the adjudicating court for decedent estates; probate papers are not opened in another county office.
Venue for the first informal or formal testacy or appointment proceeding is the county where the decedent was domiciled at death. If the decedent was not domiciled in South Carolina, venue lies in any county where the decedent had property at death (S.C. Code Ann. § 62-3-201). Later proceedings normally remain in the court where the initial proceeding began, subject to transfer under S.C. Code Ann. § 62-1-303 or § 62-3-201(c). Once a Probate Court first takes cognizance of the estate settlement, that court has jurisdiction over the disposition and settlement of the personal estate (S.C. Code Ann. § 14-23-250).
The probate process
- Identify the county of venue. Use the decedent's domicile at death, or, for a nonresident decedent, a South Carolina county where property was located at death (S.C. Code Ann. § 62-3-201).
- Deliver the will, if there is one, to the probate judge within thirty days after actual notice or knowledge of the testator's death, even if no estate administration is opened (S.C. Code Ann. § 62-2-901).
- Choose the path. South Carolina routes include a small-estate affidavit under S.C. Code Ann. § 62-3-1201, summary administrative procedure under S.C. Code Ann. § 62-3-1203, ordinary informal administration, a formal proceeding, administration under Part 5 and filing a will for record.
- Prepare the filing. Form 300ES is the statewide informal application or formal petition for probate of a will or appointment. For a qualifying small-estate affidavit, use Form 420ES, which implements S.C. Code Ann. § 62-3-1201 and is capped at $45,000, effective May 8, 2025.
- File at the county Probate Court. There is no statewide probate e-filing system. Pay the S.C. Code Ann. § 8-21-770 filing fee or ask the Probate Court about Form SCCA 405PC and the Rule 3(b), SCRCP in forma pauperis process, noting the limits in S.C. Code Ann. § 8-21-800.
- If appointment is sought, the court appoints the personal representative, and the personal representative qualifies by filing any required bond and statement of acceptance before letters issue (S.C. Code Ann. § 62-3-601; S.C. Code Ann. § 62-3-103).
- Obtain proof of authority. South Carolina statutes call the authority document letters, including letters testamentary and letters of administration (S.C. Code Ann. § 62-1-201). The court-issued proof used with banks is the Certificate of Appointment, long published as Form 141PC and reissued as SCCA 141ES, with the raised seal.
- Send information to heirs and devisees and file the inventory and appraisement. The inventory must be filed within ninety days after appointment unless the court extends the time (S.C. Code Ann. § 62-3-706).
- Publish notice to creditors once a week for three successive weeks and handle creditor claims. Published claims are due within eight months after the date of first publication or are forever barred under S.C. Code Ann. § 62-3-801, subject to the claim rules in S.C. Code Ann. § 62-3-803.
- If real property must be sold, confirm authority. Real property devolves at death to heirs or devisees, and a personal representative may not sell it unless the will authorizes the sale or the court authorizes it through the applicable procedure (S.C. Code Ann. § 62-3-101; S.C. Code Ann. § 62-3-711; S.C. Code Ann. § 62-3-911; S.C. Code Ann. §§ 62-3-1301 et seq.).
- Close the estate. File the accounting, proposal for distribution and application for settlement when the S.C. Code Ann. § 62-3-1001 window opens, or use Form 421ES for a qualifying summary administrative procedure under S.C. Code Ann. § 62-3-1203 and § 62-3-1204.
- Complete distributions. Use deeds of distribution for real property and appropriate instruments for personal property, and collect receipts and releases where required (S.C. Code Ann. § 62-3-907; Forms 400ES, 401ES and 403ES).
Types of probate
| Path | When it applies | What it involves | Authority |
|---|---|---|---|
| Small-estate affidavit | The entire probate estate, wherever located, less liens and encumbrances, does not exceed $45,000, effective May 8, 2025; thirty days have elapsed since death; no application or petition for a personal representative is pending or granted anywhere; and the estate includes no interest in real property. | Form 420ES is completed, sworn, taken to the county Probate Court, approved and countersigned by the probate judge, and filed with the court. No personal representative is appointed and no letters issue. | S.C. Code Ann. §§ 62-3-1201, 62-3-1202; 2025 Act No. 26 (H. 3472); Form 420ES |
| Summary administrative procedure | Gate one applies when the inventory and appraisal show the entire probate estate, less liens and encumbrances, does not exceed $45,000, effective May 8, 2025, plus exempt property, administration costs and expenses, reasonable funeral expenses, and reasonable necessary last-illness medical and hospital expenses. Gate two applies with no dollar cap when the appointed personal representative or representatives are also the only devisees or heirs. | A personal representative is appointed and letters issue. What is summary is the closing: after publishing creditor notice under S.C. Code Ann. § 62-3-801, the personal representative may immediately distribute and file a closing statement. | S.C. Code Ann. §§ 62-3-1203, 62-3-1204; Form 421ES |
| Ordinary informal administration | The usual path for an estate that does not qualify for the affidavit route or for immediate summary closing, and where appointment can proceed without formal litigation. | File Form 300ES as an informal application, obtain appointment and letters, file the inventory and appraisement, publish creditor notice, administer assets, account and settle. | S.C. Code Ann. §§ 62-1-201, 62-3-301, 62-3-307, 62-3-601, 62-3-706, 62-3-801, 62-3-1001; Form 300ES |
| Formal proceeding | Used when formal testacy or formal appointment is sought or the matter is contested. | Form 300ES is the same numbered form used for informal matters, but the formal boxes are checked. A formal filing also requires a summons, Form SCCA 401PC, and the $150 formal filing fee. | S.C. Code Ann. §§ 62-1-201, 62-3-401 et seq.; S.C. Code Ann. § 8-21-770(C)(11); Form 300ES; Form SCCA 401PC |
| Administration under Part 5 | Used when court supervision of administration is requested. | File Form 390ES. Restrictions on the personal representative's powers must be endorsed on the letters and any court certification of them to affect good-faith third parties. | S.C. Code Ann. §§ 62-3-501 et seq.; S.C. Code Ann. § 62-3-504; Form 390ES |
| Filing a will for record | A will exists, but no estate administration is being opened. | The custodian still delivers the will to the probate judge within thirty days after actual notice or knowledge of death. If probate proceedings are not begun within thirty days, the judge publishes notice of delivery and filing once a week for three consecutive weeks. | S.C. Code Ann. § 62-2-901; S.C. Code Ann. § 8-21-770(C)(9); Form 306ES |
Executor duties
Executor duties in South Carolina
South Carolina calls the fiduciary a personal representative whether or not there is a will. In reader terms, the job begins with the court appointment and letters, but several duties can arise before appointment.
| Duty | South Carolina rule |
|---|---|
| Deliver the will | Deliver the will to the probate judge within thirty days of actual notice or knowledge of death, even if no estate will be opened (S.C. Code Ann. § 62-2-901). |
| Apply in the right county | Use the venue rule in S.C. Code Ann. § 62-3-201 and the informal application or formal petition on Form 300ES. |
| Qualify before acting | File any required bond and a statement accepting the duties before letters issue (S.C. Code Ann. § 62-3-601; S.C. Code Ann. § 62-3-103). |
| Notify heirs and devisees | Use Form 305ES to provide information to heirs and devisees. |
| Inventory the estate | File the inventory and appraisement within ninety days after appointment, showing fair market value as of the date of death and encumbrances (S.C. Code Ann. § 62-3-706; Forms 350ES LF and 350ES SF). |
| Handle creditors | Publish notice to creditors once a week for three successive weeks and handle claims under S.C. Code Ann. §§ 62-3-801 and 62-3-803. The creditor claim form is Form 371ES. |
| Respect the real-property rule | Real property devolves at death to heirs or devisees, and a personal representative may not sell estate real property unless the will authorizes the sale or the court authorizes it. The same statute limits sales of tangible or intangible personal property with an aggregate value of $10,000 or more without a prior court order, subject to listed exceptions (S.C. Code Ann. § 62-3-711). |
| Account and close | File the accounting, proposal for distribution and application for settlement when the statutory window opens, or use Form 421ES for a qualifying summary administrative procedure under S.C. Code Ann. § 62-3-1203 and § 62-3-1204. |
| Distribute title | Execute deeds of distribution for real property and appropriate instruments of conveyance for personal property, and collect receipts (S.C. Code Ann. § 62-3-907; Forms 400ES, 401ES and 403ES). |
| Address tax clearance when required | If a federal estate tax return is required, the final accounting cannot be approved until the court finds that any tax imposed by Title 12, Chapter 16, with interest, has been paid or that none is due (S.C. Code Ann. § 62-3-1003). |
Forms and documents
Probate forms in South Carolina
The South Carolina Judicial Branch publishes a statewide Probate Court form set with 141 entries, each available as a PDF and a Word document. The form set is statewide, and individual county Probate Courts may also publish their own copies, instructions, handbooks or supplements.
Five estate forms are marked mandatory in the Judiciary's own listing: Form 300ES, Application (Informal) / Petition (Formal) for Probate of Will or Appointment; Form 350ES LF, Inventory and Appraisement long form; Form 350ES SF, Inventory and Appraisement short form; Form 361ES, Accounting; and Form 371ES, Statement of Creditor's Claim.
Form 300ES is South Carolina's one-form entry point. Its caption covers both an informal application for probate of a will or appointment and a formal petition for testacy or appointment. A formal proceeding adds a summons, Form SCCA 401PC, and the $150 formal filing fee under S.C. Code Ann. § 8-21-770(C)(11).
| Form | What it is used for |
|---|---|
| 300ES | Application (Informal) / Petition (Formal) for Probate of Will or Appointment. Mandatory. FORM #300ES (09/2020). |
| 301ES | Additional devisees, heirs or successors. |
| 302ES | Renunciation of right to administration, nomination or waiver of bond. |
| 305ES | Information to heirs and devisees. |
| 306ES | Filing of will for record. |
| 340ES to 344ES | Bond value statement, fiduciary bond, demand for bond, application to alter bond and waiver of bond. |
| 350ES LF and 350ES SF | Inventory and appraisement, long form and short form. Mandatory. File within ninety days after appointment under S.C. Code Ann. § 62-3-706 unless extended. |
| 356ES | Notice of Intent to Appeal under S.C. Code Ann. § 62-1-308. |
| 361ES | Accounting. Mandatory. |
| 370ES to 376ES | Notice to creditors, statement of creditor's claim, allowance or disallowance, petition for allowance of claim and written creditor notice. |
| 390ES | Petition for Administration Under Part 5. |
| 400ES | Deed of Distribution for real property only. The form states it is not a warranty deed. |
| 404ES | Petition for Elective Share. |
| 406ES | Petition for Determination of Apportionment of Taxes. |
| 410ES and 412ES | Proposal for distribution and application for settlement. |
| 420ES | Affidavit for Collection of Personal Property Pursuant to Small Estate Proceedings, implementing S.C. Code Ann. §§ 62-3-1201 and 62-3-1202. The current version served is SCCA 420ES (Revised 03/2026), and the $45,000 ceiling is effective May 8, 2025. |
| 421ES | Verified Statement to Close Estate for summary administrative procedure under S.C. Code Ann. §§ 62-3-1203 and 62-3-1204. The current version served is SCCA 421ES (Revised 04/2026). |
| 430ES | Petition for Sale of Real Estate. |
| 435ES | Exempt Property Claim under S.C. Code Ann. §§ 62-2-401 and 62-2-402. The current version served is SCCA 435ES (Revised 04/2026). |
| 445ES and 446ES | Affidavit of heirs and affidavit of distribution for personal property. |
| 480ES and 482ES | Safe Deposit Affidavit and Affidavit to Obtain Bank Balance. |
| 481ES | Probate Rule 5 - Proof of ADR for mediation under Rule 5, SCRPC. |
| 141PC and SCCA 141ES | Certificate of Appointment. This is issued by the court rather than filed by a party. It was long published as Form 141PC and has been reissued as SCCA 141ES (Revised 02/2026). |
| SCCA 405PC | Motion and Affidavit to Proceed In Forma Pauperis under Rule 3(b), SCRCP. |
Fees
South Carolina uses one statewide statutory probate fee schedule. The estate filing fee is based on the gross value of the decedent's probate estate shown on the inventory and appraisement, and fees and costs are payable when an application or petition is filed, subject to the probate judge's statutory deferral authority (S.C. Code Ann. § 8-21-770(A), (B)). The current text dates from 1995 Act No. 15, effective April 4, 1995 and applied retroactively to August 15, 1994.
| Property valuation shown | Fee under S.C. Code Ann. § 8-21-770 |
|---|---|
| Less than $5,000.00 | $25.00 |
| $5,000.00 but less than $20,000.00 | $45.00 |
| $20,000.00 but less than $60,000.00 | $67.50 |
| $60,000.00 but less than $100,000.00 | $95.00 |
| $100,000.00 but less than $600,000.00 | $95.00 plus .15 percent of the property valuation between $100,000.00 and $600,000.00 |
| $600,000.00 or higher | $845 plus one-fourth of one percent of the property valuation above $600,000.00 |
Example: a probate estate shown on the inventory and appraisement at $400,000 falls under S.C. Code Ann. § 8-21-770(B)(5): $95.00 plus .15 percent of the $300,000 between $100,000 and $400,000, for a $545 fee. The decedent's probate estate, for this fee statute, means property passing under the will plus property passing by intestacy.
| Other statutory item | Amount or rule |
|---|---|
| Certified copy | $5.00 under S.C. Code Ann. § 8-21-770(C)(1) |
| Exemplified or authenticated copy | $20.00 under S.C. Code Ann. § 8-21-770(C)(2) |
| Demand for notice | $5.00 under S.C. Code Ann. § 8-21-770(C)(4) |
| Conservatorship accounting | $10.00 under S.C. Code Ann. § 8-21-770(C)(5) |
| Reopening a closed estate | $22.50 under S.C. Code Ann. § 8-21-770(C)(7) |
| Special or temporary fiduciary | $22.50 under S.C. Code Ann. § 8-21-770(C)(8) |
| Filing and indexing a will | $10.00 under S.C. Code Ann. § 8-21-770(C)(9) |
| Certifying appeal record | $10.00 under S.C. Code Ann. § 8-21-770(C)(10) |
| Formal proceeding | $150, because S.C. Code Ann. § 8-21-770(C)(11) uses the circuit court civil filing fee for the initial petition in proceedings outside the estate-value scale. Form 300ES also prints the $150 formal fee. |
| Appeal from Probate Court | $150 for an appeal to the circuit court, shown in the Judiciary's circuit court fee schedule and governed by S.C. Code Ann. § 62-1-308. |
| Small-estate affidavit | The S.C. Code Ann. § 8-21-770(B) fee based on the value shown. If the valuation is less than $100.00, the fee is one-half the otherwise applicable amount (S.C. Code Ann. § 8-21-770(C)(12)); the small-estate ceiling is $45,000, effective May 8, 2025, under S.C. Code Ann. § 62-3-1201. |
| Legal advertisement | The cost of creditor notice or another legal advertisement is in addition to prescribed court costs and is due before publication (S.C. Code Ann. § 8-21-770(D)). The advertisement amount is local to the county and publication. |
For a fee waiver, S.C. Code Ann. § 8-21-800 has to be read in both directions. It directs the probate judge to grant indigency waivers of filing fees in the same manner as other civil cases under Rule 3(b), SCRCP and S.C. Code Ann. § 62-1-112, and Form SCCA 405PC is the probate form for a motion and affidavit to proceed in forma pauperis. The same statute separately prohibits the judge from waiving fees or court costs associated with the value of an estate or conservatorship under S.C. Code Ann. § 8-21-770(B), except for S.C. Code Ann. § 8-21-810, which covers items or copies requested by a county officer or the U.S. Veterans Administration.
Timeline
- Within thirty days after actual notice or knowledge of death, the will custodian delivers the will to the probate judge. If no probate proceeding begins within thirty days after that delivery, the judge publishes notice of the delivery and filing once a week for three consecutive weeks (S.C. Code Ann. § 62-2-901).
- Thirty days after death, a qualifying small-estate affidavit may be used, but only after approval and countersignature by the probate judge and filing in the Probate Court. The ceiling is $45,000, effective May 8, 2025 (S.C. Code Ann. § 62-3-1201).
- For an informal appointment involving a nonresident decedent, the court must delay the order until thirty days after death unless the applicant is the domiciliary personal representative or the will directs South Carolina law (S.C. Code Ann. § 62-3-307).
- Within ninety days after appointment, the personal representative files the inventory and appraisement with the court unless the court extends the time (S.C. Code Ann. § 62-3-706).
- Within ninety days after an interested person's demand, the personal representative prepares a non-probate property inventory, mails it to requesting interested persons and files proof of mailing (S.C. Code Ann. § 62-3-706).
- After appointment, creditor notice by publication runs once a week for three successive weeks in a newspaper of general circulation in the county. Creditors must present claims within eight months after the date of first publication or be forever barred (S.C. Code Ann. § 62-3-801).
- If creditor notice is mailed or otherwise delivered, the creditor must present the claim within one year of the decedent's death or within sixty days from mailing or delivery, whichever is earlier, or be forever barred (S.C. Code Ann. § 62-3-801; S.C. Code Ann. § 62-3-803).
- If no personal representative is appointed during the one year following death, creditor notice under S.C. Code Ann. § 62-3-801 is not required.
- Claims arising before death are barred unless presented within the earlier of one year after the decedent's death or the time provided by the notice actually given (S.C. Code Ann. § 62-3-803).
- Post-death claims based on a contract with the personal representative are due within eight months after performance is due. Other post-death claims are due within the later of eight months after they arise or one year after death (S.C. Code Ann. § 62-3-803).
- The surviving spouse, or minor or dependent children if there is no surviving spouse, claims exempt property under S.C. Code Ann. § 62-2-401 within eight months after death or within six months after probate of the will, whichever limitation last expires (S.C. Code Ann. § 62-2-402).
- A surviving spouse's elective-share petition is due within the later of eight months after death, six months after informal or formal probate of the will, or thirty days after service of a summons and petition to set aside, modify or vacate the probate order (S.C. Code Ann. §§ 62-2-201, 62-2-205).
- The accounting, proposal for distribution and application for settlement are filed at the later of the end of the claim-contest window, the end of claim litigation, or, if a state or federal estate tax return was filed, ninety days after receipt of the estate tax closing letter (S.C. Code Ann. § 62-3-1001).
- Most informal probate or appointment proceedings and formal testacy or appointment proceedings cannot be commenced more than ten years after the decedent's death (S.C. Code Ann. § 62-3-108).
- A contest of an informally probated will must be brought within eight months from informal probate or one year from death, whichever is later (S.C. Code Ann. § 62-3-108).
- After a summary closing, if no unresolved claims, actions or proceedings involving the personal representative are pending in any court one year after death, the personal representative's appointment terminates (S.C. Code Ann. § 62-3-1204).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Consideration | Why it matters |
|---|---|
| The constitution does not name the Probate Court | S.C. Const. art. V, § 1 creates a unified judicial system and allows other courts of uniform jurisdiction to be provided by general law. The county Probate Courts are created by statute, specifically S.C. Code Ann. § 14-23-1010. |
| One county, one Probate Court | Each county has a Probate Court at the county seat, and that court is the place to file and the place where the probate judge acts. The probate court has its own clerk who may issue certificates of appointment in the judge's name (S.C. Code Ann. §§ 14-23-1090, 14-23-1100). |
| Elected Probate Judge | The Probate Judge is elected by county voters for a four-year term (S.C. Code Ann. § 14-23-30). Associate probate judges may exist where county funding is provided (S.C. Code Ann. § 14-23-1030). |
| Removal is different from appeal | Certain formal contested matters can be removed to the circuit court within ten days after the responsive-pleading deadline and then proceed de novo (S.C. Code Ann. § 62-1-302). An appeal from a final probate order goes to the circuit court and is strictly on the record, with no new evidence (S.C. Code Ann. § 62-1-308). |
| Jury trial can exist in probate | If duly demanded, a party is entitled to a jury trial in specified probate proceedings involving factual issues, including formal proceedings supporting or contesting probate of a will (S.C. Code Ann. § 62-1-306). |
| Ten-year outer limit | South Carolina's outer limit for most proceedings to probate or appoint is ten years after death, not a shorter model-code period (S.C. Code Ann. § 62-3-108). |
| Mailed creditor notice shortens time | For mailed or delivered creditor notice, the deadline is one year after death or sixty days from mailing or delivery, whichever is earlier. It does not extend a creditor beyond the one-year outside bar (S.C. Code Ann. §§ 62-3-801, 62-3-803). |
| Real property does not work like a bank account | Real property devolves at death to heirs or devisees, and a personal representative may not sell it without authority in the will or a court process (S.C. Code Ann. §§ 62-3-101, 62-3-711, 62-3-911, 62-3-1301). |
| The judge monitors open matters | Rule 2, SCRPC gives each probate judge a continuing duty to monitor pending matters and enforce prompt compliance by administrators, executors, guardians and attorneys. |
| Mediation is uniform but in-person | Rule 5, SCRPC applies uniformly to referred Probate Court mediation statewide, but physical attendance at the mediation conference is required for non-defaulting affected parties. |
Small-estate alternatives
South Carolina's small-estate affidavit under S.C. Code Ann. § 62-3-1201 is a court filing, not a private bank form. The ceiling is $45,000, effective May 8, 2025, under 2025 Act No. 26 (H. 3472). The figure applies to the entire probate estate, wherever located, less liens and encumbrances, and Form 420ES states that the estate does not include any interest in real property.
| Requirement | Rule under S.C. Code Ann. § 62-3-1201 |
|---|---|
| Waiting period | Thirty days must have elapsed since death. |
| Value ceiling | The entire probate estate, wherever located, less liens and encumbrances, must not exceed $45,000, effective May 8, 2025. |
| No pending appointment | No application or petition for appointment of a personal representative may be pending or granted in any jurisdiction. |
| Successor entitlement | The claiming successor, including a person who paid reasonable funeral expenses for this purpose, must be entitled to payment or delivery. |
| Judge approval | The affidavit must be approved and countersigned by the probate judge of the county of domicile, or, for a nonresident decedent, the county where the property is located. |
| Court filing | The affidavit must be filed in that Probate Court. |
SCCA 420ES (Revised 03/2026) is eleven pages. It includes itemized asset schedules, a liens-and-encumbrances schedule, successor percentages and a sworn verification. Its final page is an order signed by the Probate Court Judge, and the form states that upon issuance of the order the matter is closed.
S.C. Code Ann. § 62-3-1202 protects the person or institution that pays, delivers or transfers property based on a valid affidavit, and the form includes the statutory sentence that no person acting in reliance on the affidavit incurs liability to the estate. For a bank or transfer agent that is hesitating, the countersigned and filed affidavit is the document the statute addresses.
The small-estate affidavit is different from summary administrative procedure under S.C. Code Ann. § 62-3-1203. The affidavit route appoints no personal representative and issues no letters. Summary administrative procedure appoints a personal representative first, then allows a shortened closing if one of the statutory gates is met. The affidavit fee is based on S.C. Code Ann. § 8-21-770(B), with the half-fee rule for valuations under $100.00 in § 8-21-770(C)(12).
Recent updates
| Change | Effective | Authority |
|---|---|---|
| The small-estate affidavit ceiling, the summary administrative procedure ceiling, the closing-statement figure and the surviving spouse's exempt-property allowance all rose to $45,000. | May 8, 2025 | 2025 Act No. 26 (H. 3472), amending S.C. Code Ann. §§ 62-3-1201, 62-3-1203, 62-3-1204 and 62-2-401 |
| The Supreme Court's order on the Use of Remote Communication Technology by the Trial Courts was amended to clarify when judges may conduct civil proceedings remotely without the consent of all parties. | February 19, 2025 | The Supreme Court of South Carolina, Appellate Case No. 2021-001032, issued under Rule 612, SCACR |
| The Judiciary announced revised versions of the small-estate affidavit, the estate closing statement, the exempt property claim and the Certificate of Appointment. The versions now served print SCCA 420ES (Revised 03/2026), SCCA 421ES (Revised 04/2026), SCCA 435ES (Revised 04/2026) and SCCA 141ES (Revised 02/2026). | Announced March 20, 2026 | SC Judicial Branch court-news notice of March 20, 2026; SCCA 420ES (Revised 03/2026), SCCA 421ES (Revised 04/2026), SCCA 435ES (Revised 04/2026), SCCA 141ES (Revised 02/2026) |
| The statutory probate fee schedule has not changed in thirty years. | Current text effective April 4, 1995, applied retroactively to August 15, 1994 | 1995 Act No. 15, § 1, amending S.C. Code Ann. § 8-21-770 |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely South Carolina path | What to watch | Where Sunset helps |
|---|---|---|---|
| Surviving spouse with a co-owned home | If the home passed outside probate by survivorship, the probate estate may be small enough for the small-estate affidavit under S.C. Code Ann. § 62-3-1201. That affidavit is capped at $45,000, effective May 8, 2025, and covers personal property only. If the personal representative is the sole heir or sole devisee, summary administrative procedure may be available regardless of value under S.C. Code Ann. § 62-3-1203(b). | The surviving spouse's exempt property right under S.C. Code Ann. § 62-2-401 is a separate $45,000 allowance, effective May 8, 2025, in household furniture, automobiles, furnishings, appliances and personal effects. The elective share is another separate right under S.C. Code Ann. § 62-2-201. The affidavit still must be approved, countersigned and filed in the Probate Court under S.C. Code Ann. § 62-3-1201. | Sunset identifies accounts, debts and non-probate transfers so the spouse can see whether estate settlement can use the affidavit, a summary closing or full administration. |
| Out-of-state adult child with a small estate | File where the parent was domiciled at death, not where the child lives (S.C. Code Ann. § 62-3-201). If the probate estate is $45,000 or less, effective May 8, 2025, and has no real property, Form 420ES under S.C. Code Ann. § 62-3-1201 may be enough. | There is no statewide probate e-filing. A remote appearance may be allowed or required by the probate judge under the Remote Communication Technology order as amended February 19, 2025, but there is no statewide default. If the decedent was a nonresident, an informal appointment order is delayed until thirty days after death unless the statutory exception applies (S.C. Code Ann. § 62-3-307). | Sunset turns account discovery into a filing plan and can help generate the probate packet before the child contacts the county Probate Court. |
| Parent settling a predeceased child's estate, home must be sold | Ordinary administration usually begins with informal Form 300ES, appointment, inventory and appraisement within ninety days under S.C. Code Ann. § 62-3-706, and creditor notice under S.C. Code Ann. § 62-3-801. If there is no surviving spouse and no issue, intestate property passes to the parent or parents equally under S.C. Code Ann. § 62-2-103. | Real property devolves at death to heirs or devisees. Unless the will authorizes the sale, the personal representative needs a court process, such as partition under S.C. Code Ann. § 62-3-911 or petition for sale of real estate under S.C. Code Ann. §§ 62-3-1301 et seq.; see S.C. Code Ann. § 62-3-711 and Form 430ES. If the house is a probate asset, it affects the S.C. Code Ann. § 8-21-770 fee bracket. | Sunset helps find mortgages, liens, accounts and likely heirs, then connects the family with a vetted South Carolina probate attorney when a court-supervised sale is needed. |
Self-help resources
| Resource | How it helps | Where to start |
|---|---|---|
| The county Probate Court | Court staff can explain how the court works, provide approved forms and available instructions, provide basic information about your own case file, and make sure your papers are complete. They cannot give legal advice, tell you what to write or talk to the judge for you. | Use the Probate Court for the county where venue lies under S.C. Code Ann. § 62-3-201. |
| SC Judicial Branch Probate Court page | Explains the statewide role of county Probate Judges, including estates of deceased persons and related jurisdiction. | sccourts.org/courts/trial-courts/probate-court/ |
| SC Judicial Branch statewide forms | Publishes the statewide Probate Court form set, including estate forms such as Form 300ES, Form 420ES, Form 421ES and Form 435ES. | sccourts.org/court-forms/?courtType=PC |
| SC Judicial Branch Self Help Resources | Publishes the court-staff can-and-cannot-do boundary. The page publishes no decedent's-estate packet or decedent's-estate FAQ; its probate-adjacent material is guardianship only. | sccourts.org/resources/general-public/self-help-resources/ |
| SC Judicial Branch Case Records Search | Routes users to per-county case-record links. Its published court-type labels are circuit, magistrate and municipal, and probate coverage is not stated there. For estate lookup, ask the county Probate Court. | sccourts.org/case-records-search/ |
| South Carolina Bar Lawyer Referral Service | Connects callers with a lawyer by area and issue. Participating lawyers agree to charge no more than $50 for a 30-minute consultation; if the consultation extends or the lawyer is hired, normal fees apply. The lawyers do not take pro bono cases through this service. | Call (803) 799-7100 from 9 a.m. to noon and 1 p.m. to 5 p.m. Monday through Friday, or use the online referral service 24/7. |
| SC Free Legal Answers | A virtual civil legal-advice clinic linked by the South Carolina Bar for qualifying users. | Linked from scbar.org/public/get-legal-help/ |
| South Carolina Access to Justice Commission Legal Resource Finder | Identifies legal aid organizations and self-help resources a person may be eligible for. Its Get Help page includes a Probate section. | scaccesstojustice.org/get-help |
| Legal clinics | The Judiciary states that several organizations offer legal clinics with general legal information and help with legal paperwork. | Contact the South Carolina Bar Association at (803) 799-6653. |
| USC School of Law Library, Circuit Riders Outreach Program | Provides research guides and online legal resources named by the Judiciary's self-help page. | Linked from the SC Judicial Branch Self Help Resources page. |
| South Carolina Department of Revenue fiduciary page | Publishes the Department's estate-tax statement and fiduciary income-tax information, including SC1041 information. | dor.sc.gov/tax-index/business-income-taxes/fiduciary |
When to hire an attorney
A South Carolina probate attorney is especially useful for a will contest, a contested appointment, removal to the circuit court under S.C. Code Ann. § 62-1-302, an insolvent estate, an elective-share claim, real property that must be sold through the court, administration under Part 5, or a required federal estate tax return. Court staff can hand you forms and check whether papers are complete, but they cannot give legal advice or tell you what to write. Sunset connects families with a vetted probate attorney.
How Sunset helps in South Carolina
Find the accounts and assets. Sunset searches for accounts, policies and other assets so families can see what is actually in the probate estate before choosing a South Carolina estate settlement path.
Generate the probate packet. Sunset turns the asset list, family information and court path into an organized probate packet, including the forms and supporting information needed for the county Probate Court.
Find a local probate attorney. When a sale of real property, a contested matter, a formal proceeding or administration under Part 5 needs counsel, Sunset connects the family with a vetted South Carolina probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand the next filing step and get attorney help when needed at no cost to the family.
Frequently asked questions
Where do I file probate in South Carolina?
File in the county Probate Court where the decedent was domiciled at death. If the decedent was not domiciled in South Carolina, file in a county where the decedent had property at death (S.C. Code Ann. § 62-3-201). Each county has its own Probate Court, and that court is the filing office and the court for the estate.
What is the small estate limit in South Carolina?
The small-estate affidavit limit is $45,000, effective May 8, 2025, under 2025 Act No. 26 (H. 3472). The limit is measured on the entire probate estate, wherever located, less liens and encumbrances, and the affidavit is for personal property only (S.C. Code Ann. § 62-3-1201). The affidavit cannot be used until thirty days after death and must be approved and countersigned by the probate judge and filed in the Probate Court.
How much does probate cost in South Carolina?
The estate filing fee is set by S.C. Code Ann. § 8-21-770 and is based on the gross value shown on the inventory and appraisement. The six brackets begin at $25.00 for property valuation under $5,000.00 and reach $845 plus one-fourth of one percent above $600,000.00 for property valuation of $600,000.00 or higher. A formal proceeding also carries a $150 formal filing fee under S.C. Code Ann. § 8-21-770(C)(11).
Does South Carolina have an estate tax or an inheritance tax?
South Carolina has no Estate Tax for decedents dying on or after January 1, 2005, according to the South Carolina Department of Revenue. South Carolina does not impose an inheritance tax. Fiduciary income tax is different from an estate tax and may still apply to an estate or trust.
How long do creditors have to file a claim against a South Carolina estate?
For published notice, creditors must present claims within eight months after the date of first publication or be forever barred (S.C. Code Ann. § 62-3-801). For mailed or delivered notice, the deadline is one year after the decedent's death or sixty days from mailing or delivery, whichever is earlier (S.C. Code Ann. § 62-3-801; S.C. Code Ann. § 62-3-803).
How long do I have to open an estate in South Carolina?
Most informal probate or appointment proceedings and formal testacy or appointment proceedings cannot begin more than ten years after the decedent's death (S.C. Code Ann. § 62-3-108). A contest of an informally probated will has its own deadline: eight months from informal probate or one year from death, whichever is later (S.C. Code Ann. § 62-3-108).
Can I e-file a probate case in South Carolina?
There is no statewide probate e-filing system. The Judiciary's E-Filing System is scoped to the Court of Common Pleas, and an authorized e-filer is a licensed South Carolina attorney registered through the attorney system. Individual county Probate Courts may publish their own local channels, so check the county Probate Court before filing.
Can I appear remotely at a South Carolina probate hearing?
Possibly, but the decision belongs to the probate judge. Under the Supreme Court's order on the Use of Remote Communication Technology by the Trial Courts, as amended February 19, 2025, a probate judge may permit or require remote participation in a non-criminal proceeding on a party's motion or on the judge's own initiative, unless the judge finds likely substantial prejudice or unfairness. The order does not create a statewide probate default.
What document proves I am the personal representative in South Carolina?
The statutes call the authority document letters, including letters testamentary and letters of administration (S.C. Code Ann. § 62-1-201; S.C. Code Ann. § 62-3-103). The document banks and transfer agents usually ask to see is the Certificate of Appointment, long published as Form 141PC and reissued as SCCA 141ES, with the Probate Court's raised seal.
Can I sell the house during a South Carolina probate?
Not automatically. Real property devolves at death to heirs or devisees, and a personal representative may not sell estate real property unless the will authorizes the sale or the court authorizes it through the applicable process (S.C. Code Ann. §§ 62-3-101, 62-3-711, 62-3-911, 62-3-1301). Form 430ES is the statewide petition for sale of real estate.
How do I look up a South Carolina estate case?
South Carolina has no single statewide estate lookup confirmed for probate. The Judiciary's Case Records Search page routes to per-county case-record links, but its published court-type labels are circuit, magistrate and municipal. Some counties publish their own estate search. The reliable starting point is the county Probate Court handling the estate.
Do I need a lawyer for probate in South Carolina?
Not every estate requires a lawyer, but counsel is important when there is a will contest, disputed appointment, insolvent estate, elective-share issue, real property sale requiring court authority, administration under Part 5, appeal, removal to the circuit court or a required federal estate tax return. Court staff can provide forms and check completeness, but cannot give legal advice.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.