McDonald Patrick Poston Hemphill & Roper, LLC is a Greenwood firm whose wills, trusts, and estates practice covers estate and gift tax planning, estate and trust administration, revocable and irrevocable trusts, special needs and charitable trusts, powers of attorney, and probate litigation, guardianship, and conservatorship matters.
Greenwood is in Greenwood County.
Probate in Greenwood County
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Greenwood County Probate Court
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How to file probate in Greenwood County →
Verified October 16, 2026 · Source
Do I need a lawyer for probate in Greenwood County? →Settling an estate in Greenwood County →
Forms for Planning and Settling an Estate in South Carolina
Free South Carolina forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for South Carolina.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In South Carolina, a pour-over will is signed before 2S.C. Code § 62-2-502Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Tools for Planning and Settling an Estate in South Carolina
Free calculators and checklists to plan or settle an estate in South Carolina: will and trust costs, probate, executor pay and taxes. Run each tool.
How Do I Settle a Trust?
Settling a trust in South Carolina happens outside court: the trustee acts under the state's Uniform Trust CodeS.C. Code Ann. § 62-7-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 90 daysS.C. Code §§ 62-7-813, 62-7-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
What's Fair Trustee Compensation?
In South Carolina, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)S.C. Code Ann. § 62-7-708Verified Sep 18, 2026View source unless the trust instrument sets a different amount.
How Do I Settle an Estate?
Settling an estate in South Carolina: the personal representative files the estate inventory within 90 daysS.C. Code §§ 62-3-706, 62-3-707, 62-3-708Verified Sep 15, 2026View source of appointment; creditors have 8 monthsSC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
Do I Have to File Tax Returns for Someone Who Died?
South Carolina requires a final state income tax return for the decedent alongside the federal Form 1040S.C. Code Ann. §§ 12-6-510, 12-6-1140(15), 12-6-1170, 12-6-1171 (as amended by H.4216, Act No. 110 (R.117), 2026)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Does Step-Up in Basis Work?
Inherited assets in South Carolina take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces state tax on the 56% of long-term gain left after a 44% exclusionS.C. Code Ann. § 12-6-1150 (44% net capital gain deduction)Verified Sep 15, 2026View source.
