Elder law attorneys in South Carolina work the legal issues facing aging adults and their families: Medicaid planning for long-term care, drafting and updating durable powers of attorney and healthcare directives, guardianship and conservatorship proceedings, special needs trusts, and asset protection. Many also handle probate and estate planning; elder law is the subset focused on care planning and benefits eligibility. The South Carolina healthcare proxy and financial power of attorney forms cover the two instruments.
Federal law, as South Carolina applies it, sets a 5-year lookback period for Medicaid long-term care eligibility. An uncompensated transfer in the five years before the application (a gift, a transfer to a family member, a transfer to a trust that does not qualify) can trigger a penalty period during which Medicaid does not pay for nursing home care. It is why Medicaid planning starts years before the care is needed, and why elder law exists as its own practice area.
Estate planning attorneys in South Carolina average $374Clio Compare Lawyer Rates, South Carolina: Wills and Estates rate (2025 data)Verified Oct 15, 2026View source an hour for wills and estates work. A flat-fee package runs $1,122Estimate: 3 hours at $374, Clio's South Carolina Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,244Estimate: 6 hours at $374, Clio's South Carolina Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for a simple individual will and $4,150Estimate: 10 hours at $415, Clio's South Carolina Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,225Estimate: 15 hours at $415, Clio's South Carolina Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for a basic revocable trust. An online service prices the same documents in the tens to low hundreds of dollars; the South Carolina will cost calculator sets the two side by side.
In South Carolina, estates valued at $45,000S.C. Code § 62-3-1201Verified Sep 8, 2026View source or less use the Small Estate AffidavitS.C. Code § 62-3-1201Verified Sep 8, 2026View source, 30 daysS.C. Code § 62-3-1201Verified Sep 8, 2026View source after death, a court filing short of full probate. That route is a form rather than a court case, and most families handle it without an attorney. Above the line, formal probate generally benefits from counsel for the procedural work, even when nothing is contested. The South Carolina probate calculator estimates the cost by estate value.
In South Carolina, the situations where counsel is typically worth the cost are: a blended family with children from a prior relationship; a business, rental property or significant investment assets; a dependent with special needs, who needs a special-needs trust to keep benefits; substantial property in more than one state. Where none of these apply, an online or self-help document is often enough.
Free South Carolina forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
South Carolina requires 2S.C. Code Ann. § 62-5-504Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredS.C. Code Ann. § 62-5-504Verified Oct 15, 2026View source.
South Carolina treats a power of attorney as durable by defaultS.C. Code § 62-8-101 et seq.Verified Sep 20, 2026View source, and it is signed before 2S.C. Code § 62-8-101 et seq.Verified Sep 20, 2026View source witnesses and a notary.
In South Carolina, a will is signed before 2S.C. Code § 62-2-502Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyS.C. Code § 62-2-502Verified Oct 19, 2026View source.
Free calculators and checklists for planning or settling an estate in South Carolina: will and trust costs, probate, executor pay, and inheritance taxes.
An attorney-prepared revocable trust in South Carolina runs $4,150Estimate: 10 hours at $415, Clio's South Carolina Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,225Estimate: 15 hours at $415, Clio's South Carolina Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,122Estimate: 3 hours at $374, Clio's South Carolina Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,244Estimate: 6 hours at $374, Clio's South Carolina Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
In South Carolina, four years at a public university cost about $96,888NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 6% below the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. S.C. Code Ann. § 12-16-510(A) still imposes an estate tax "in the amount of the federal credit," but § 12-16-20(2) measures that credit by IRC § 2011, which EGTRRA (P.L. 107-16 § 532) phased out for deaths after 12/31/2004 — so the levy computes to $0 (an inert pick-up tax left on the books, never repealed). SCDOR: "South Carolina has no Estate Tax for decedents dying on or after January 1, 2005." No inheritance tax and no state gift tax (neither exists in Title 12).Verified Sep 15, 2026View source.
Probate on a $500,000 estate in South Carolina costs an estimated $27,462S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 2.1%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source to 3.3%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source of the estate. Estates under $45,000S.C. Code § 62-3-1201Verified Sep 8, 2026View source can use a small-estate procedure instead.
Probate in South Carolina takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2.1%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source to 3.3%S.C. Code § 62-3-721 (court review of the reasonableness of compensation of any person employed by the personal representative, including any attorney; refunds of excessive compensation); § 62-1-111 (award of costs and expenses, including reasonable attorney's fees, in a formal proceeding); § 62-3-720 (litigation expense reimbursement)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
South Carolina automatically revokes an ex-spouse as beneficiary at divorceS.C. Code Ann. § 62-2-507Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
21 elder law firms in South Carolina, by county and firm type.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to discuss your situation and verify their current practice areas and availability.
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21 firms
Solo PracticeHartsville, SC
Bledsoe Law Firm has served the Darlington County and Pee Dee region since 1973. The firm handles wills, powers of attorney, probate, and estate administration alongside personal injury and disability cases.
PracticesEstate PlanningProbateElder LawWills
FirmHilton Head Island, SC
Clark & Stevens has served Hilton Head Island and the Lowcountry for over 30 years. The firm handles estate planning, wills, family trusts, living wills, medical powers of attorney, probate, long-term care planning, tax planning, and asset protection.
PracticesEstate PlanningProbateElder LawTax Planningand 3 more
FirmColumbia, SC
Collins Family & Elder Law Group provides estate planning, family law, and elder law services from 15 offices across North and South Carolina. The Columbia office offers guidance on wills, trusts, powers of attorney, guardianships, conservatorships, and estate administration.
PracticesEstate PlanningProbateElder LawConservatorshipand 3 more
Solo PracticeHartsville, SC
The Conner Law Firm has more than two decades of experience representing clients throughout Darlington County and the Pee Dee region in estate administration, elder law, and business succession planning. The firm also serves clients in Sumter, Florence, Camden, Pageland, and Dillon.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more
FirmMyrtle Beach, SC
Myrtle Beach firm in practice since 1996. Handles probate administration to settle estates under South Carolina law, along with estate planning, elder law, and Medicaid planning for long-term care. Attorney Bret H. Davis is a certified public accountant licensed to practice law in South Carolina and North Carolina.
PracticesEstate PlanningProbateElder LawTax PlanningMedicaid Planning
FirmGreenville, SC
Greenville firm serving Greenville County and Upstate counties including Anderson, Cherokee, Laurens, Oconee, Pickens, Spartanburg, and Union. Estate-side work covers probate and estate administration, probate litigation including will contests and trust disputes, claims against estates, and guardianships and conservatorships, alongside trust and Medicaid planning. Practicing since 1941.
PracticesEstate PlanningProbateElder LawTax Planningand 2 more
FirmSurfside Beach, SC
Deirdre W. Edmonds has over 30 years of combined experience as a licensed attorney and as the former Horry County Probate Judge. The firm has focused on estate planning and probate for more than 25 years.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more
FirmFlorence, SC
Finklea, Hendrick & Blake has served the Pee Dee region since 2004 with offices in Florence, Marion, and Hemingway. The firm handles probate and estate planning alongside personal injury, real estate, family law, and criminal defense, with seven attorneys on staff.
PracticesEstate PlanningProbateElder LawWills
Solo PracticeLexington, SC
Hardy Law Firm focuses on estate planning, probate, elder law, and business law in Lexington, South Carolina. Kevin Hardy prepares wills, living wills, trusts, health care powers of attorney, and durable powers of attorney for clients across the Midlands.
PracticesEstate PlanningProbateElder LawTrustsWills
FirmOrangeburg, SC
Horger, Barnwell & McCurry has served Orangeburg and the surrounding area since 1950, handling probate, estate planning, wills, and elder law. The firm brings over 88 combined years of legal experience with an AV Preeminent peer review rating from Martindale-Hubbell.
PracticesEstate PlanningProbateElder LawWills
FirmHilton Head Island, SC
Jolley Law Group serves Beaufort County and the Lowcountry from Hilton Head Island, Bluffton, and Beaufort, plus Columbia. Its probate practice guides personal representatives through asset inventories and appraisals, creditor notices, debts and taxes, and distributions, and handles will challenges. John M. Jolley is a Fellow of the American College of Trust and Estate Counsel.
PracticesEstate PlanningProbateElder LawBusiness Planningand 2 more
FirmColumbia, SC
Kirby Law, LLC is a boutique Estate Planning and Probate law firm serving the entire state of South Carolina. Since 2005, the principal attorney has been designated by the Supreme Court of South Carolina as a Certified Specialist in Estate Planning and Probate Law. Angela Kirby is both a CPA and an Attorney, and was an Associate Probate Judge for Richland County Probate Court for over five years.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more
FirmRock Hill, SC
Khaled Law Firm provides elder law, estate planning, trust administration, Medicaid asset protection, and probate services across the greater Rock Hill area. Julia Khaled has over 20 years of experience in elder law and also holds a Master of Social Work.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more
FirmIrmo, SC
LawyerLisa handles probate across South Carolina from Irmo in the Midlands and offices in Simpsonville, Aiken, Bluffton, Mount Pleasant, and Myrtle Beach. The firm represents proposed personal representatives through appointment and their duties, preparing filings such as the Information to Heirs and Devisees and the Inventory and Appraisement. It also handles elder law and trust administration.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more
FirmCharleston, SC
LaFond Law Group is a Charleston firm on Savannah Highway serving families in the Charleston area. Its probate practice handles estate administration after a death, reconciling the decedent's affairs and transferring assets to beneficiaries, usually under the terms of a will. The firm limits its work to estate planning and administration, elder law, and real estate.
PracticesEstate PlanningProbateElder LawTrustsWills
FirmLexington, SC
McCutchen McLean helps families across the Midlands navigate estate planning, probate and trust administration, elder law, and business and tax law from offices in Lexington and Chapin.
PracticesEstate PlanningTrust AdministrationProbateElder LawTax Planning
Solo PracticeBluffton, SC
Montgomery Law Firm is a dedicated estate planning practice serving the Lowcountry. Attorney Hunter Montgomery has focused exclusively on estate planning and probate law since joining the SC Bar in 2002. The firm is a member of the American Academy of Estate Planning Attorneys.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more
FirmColumbia, SC
Payne & Black is a leading elder law and estate planning firm with offices in Columbia and Rock Hill. Mitchell C. Payne is a founding board member of the Carolinas Chapter of the National Academy of Elder Law Attorneys and a frequent lecturer on elder law, Medicaid, and asset protection.
PracticesEstate PlanningProbateElder LawGuardianshipand 4 more
FirmSpartanburg, SC
Established in 1926, Smith & Haskell Law Firm is a trusted elder law and estate planning firm serving families in Spartanburg, Greenville, and the greater Upstate region. The firm handles elder law, special needs trusts, power of attorney, guardianship, conservatorships, Medicaid planning, probate, and estate administration.
PracticesEstate PlanningProbateElder LawGuardianshipand 2 more
FirmLexington, SC
Stratton & Reynolds, LLC serves individuals and families with a special emphasis on the elderly and aging populations. The attorneys offer estate planning services for personal estates and businesses, as well as expertise in elder law, Medicaid and skilled nursing care planning, and probate avoidance.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more