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Home→States→Estate Law→South Carolina

What Are South Carolina's Estate Laws?

2026 South Carolina probate costs, will execution requirements, trust laws, and intestacy rules.

Frequently Asked Questions

How much does probate cost in South Carolina?

Probate in South Carolina uses reasonable compensation for attorney fees, typically 2-4% of the estate value. Estates under $45,000 may qualify for Small Estate Affidavit.

How long does probate take in South Carolina?

Simple estates in South Carolina typically take 6-9 months through probate. Complex or contested estates can take 1-3 years. A revocable trust avoids probate entirely.

What are South Carolina's trust laws?

South Carolina has adopted the Uniform Trust Code and does not require witnesses for trust execution. Notarization is not required for validity, though many financial institutions require notarized trust documents. The creditor claim period for trusts is 8 months.

How can I avoid probate in South Carolina?

The primary way to avoid probate in South Carolina is a revocable living trust. Assets held in a trust pass directly to beneficiaries without court involvement. Beneficiary designations on retirement accounts and life insurance also bypass probate. South Carolina does not offer transfer-on-death deeds for real estate.

Understanding South Carolina Estate Law

Estate planning in South Carolinainvolves choosing between wills, trusts, and other tools based on the state's probate costs, timelines, and execution requirements.

A will goes through probate court, which is a public process with filing fees, attorney costs, and court supervision. A revocable trust avoids probate and keeps the transfer of assets private.

Additional tools like beneficiary designations, payable-on-death accounts, and transfer-on-death registrations can move specific assets outside of probate regardless of whether you have a will or a trust.

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SimplyTrust is not a law firm and does not provide legal advice, legal counsel, or attorney review. Information on this platform is for general informational purposes only. Use of SimplyTrust does not create an attorney-client relationship. You are solely responsible for all documents you create. For advice tailored to your circumstances, consult a licensed attorney in your state.

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