ProbateUS

SC Probate Guide

Probate in South Carolina

Everything you need to know about probate in South Carolina — thresholds, timelines, fees, and county court information.

Small Estate

$45,000

Simple Timeline

6-12 months

Court Type

Probate Court

Filing Fees

$25-$150

Overview

South Carolina uses the Probate Court system to handle probate matters. When a resident passes away, their estate may need to go through probate to validate the will, pay debts, and distribute assets to beneficiaries.

Small Estate Threshold

If the estate is valued at $45,000 or less in personal property, it may qualify for a simplified small estate process, avoiding full probate.

Typical Timeline

Complexity Estimated Duration
Simple estates 6-12 months
Complex/contested estates 12-24 months

Average Filing Fees

Filing fees in South Carolina typically range from $25-$150 depending on the county and estate value.

When Is Probate Required?

Probate is generally required in South Carolina when:

  • The deceased owned real estate solely in their name
  • The estate contains assets above the $25,000 small estate threshold
  • There are disputes among heirs or creditors
  • Assets are not held in a trust, joint tenancy, or have designated beneficiaries

When Probate May Be Avoided

  • Assets held in a revocable living trust
  • Property owned as joint tenants with right of survivorship
  • Accounts with named beneficiaries (life insurance, retirement accounts, POD/TOD accounts)
  • Estates that qualify for small estate affidavit procedures

Step-by-Step Probate Process

  1. Locate the will and gather the death certificate (you'll need multiple certified copies)
  2. File a petition with the South Carolina Probate Court to open probate proceedings
  3. Notify heirs and creditors as required by South Carolina law (typically by mail and published notice)
  4. Appoint executor/administrator — the court issues Letters Testamentary or Letters of Administration
  5. Inventory the estate — identify and appraise all assets, debts, and liabilities
  6. Pay debts and taxes — settle outstanding obligations from estate funds, file final tax returns
  7. Distribute remaining assets — according to the will or South Carolina intestacy laws
  8. Close the estate — file a final accounting with the court and request discharge

FAQ

How long does probate take in South Carolina?

Simple estates typically take 6-12 months, while complex or contested estates can take 12-24 months.

What is the small estate threshold in South Carolina?

Estates valued at $25,000 or less in personal property may qualify for simplified procedures.

How much does probate cost in South Carolina?

Filing fees range from $25-$150. Attorney fees, executor compensation, and other costs are additional.

Where do I file for probate in South Carolina?

Probate is filed at the Probate Court in the county where the deceased resided.

Do I need a lawyer for probate in South Carolina?

While not always legally required, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes.

What happens if someone dies without a will?

In South Carolina, assets are distributed according to state intestacy laws. The court will appoint an administrator to manage the estate.

Need Help Settling an Estate?

EverSettled guides you through every step of estate settlement — from probate to closing accounts.

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South Carolina County Courts

Abbeville County

Abbeville, SC

864-366-5312, ext. 62

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Aiken County

Aiken, SC

803-642-1715

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Allendale County

Allendale, SC

803-584-3157

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Anderson County

Anderson, SC

864-260-4049

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Bamberg County

Bamberg, SC

803-245-3008

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Barnwell County

Barnwell, SC

803-541-1031

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Beaufort County

Beaufort, SC

843-255-5850

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Berkeley County

Moncks Corner, SC

843-719-4519

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Calhoun County

St. Matthews, SC

803-874-3514

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Charleston County

Charleston, SC

(843) 958-5180

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Cherokee County

Gaffney, SC

864-487-2583

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Chester County

Chester, SC

803-385-2604

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Chesterfield County

Chesterfield, SC

843-623-2376

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Clarendon County

Manning, SC

803-435-4443

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Colleton County

Walterboro, SC

843-549-7216

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Darlington County

Darlington, SC

843-398-4310

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Dillon County

Dillon, SC

843-774-1423

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Dorchester County

St. George, SC

(843) 563-0105

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Edgefield County

Edgefield, SC

803-637-4076

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Fairfield County

Winnsboro, SC

803-712-6519

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Florence County

Florence, SC

843-665-3085

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Georgetown County

Georgetown, SC

843-545-3274

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Greenville County

Greenville, SC

864-467-7171

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Greenwood County

Greenwood, SC

864-942-8625

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Hampton County

Hampton, SC

803-914-2172

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Horry County

Conway, SC

843-915-5370

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Jasper County

Ridgeland, SC

843-726-7718

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Kershaw County

Camden, SC

803-425-1503

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Lancaster County

Lancaster, SC

803-283-3379

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Laurens County

Laurens, SC

864-984-7315

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Lee County

Bishopville, SC

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Lexington County

Lexington, SC

803-785-8324

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Marion County

Marion, SC

(843) 423-8244

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Marlboro County

Bennettsville, SC

843-479-5610

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McCormick County

McCormick, SC

864-852-2630

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Newberry County

Newberry, SC

803-321-2118

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Oconee County

Walhalla, SC

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Orangeburg County

Orangeburg, SC

803-533-6280

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Pickens County

Pickens, SC

(864) 898-5903

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Richland County

Columbia, SC

803-576-1961

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Saluda County

Saluda, SC

864-445-4500

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Spartanburg County

Spartanburg, SC

864-596-2556

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Sumter County

Sumter, SC

803-436-2166

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Union County

Union, SC

864-429-1625

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Williamsburg County

Kingstree, SC

843-355-9321

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York County

York, SC

803-684-8513

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