Forms for Planning and Settling an Estate in South Carolina

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.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Healthcare Power of Attorney

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.

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Financial Power of Attorney

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.

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Last Will and Testament

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.

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Tools for Planning and Settling an Estate in South Carolina

Free calculators and checklists for planning or settling an estate in South Carolina: will and trust costs, probate, executor pay, and inheritance taxes.

What Does Estate Planning Actually Cost?

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.

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How Much Life Insurance Do I Need?

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.

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What Are the Estate Laws in My State?

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.

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Do I Need a Revocable Trust?

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.

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Are My Beneficiary Designations Protected?

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.

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