South Carolina Inheritance: Plan an Estate or Settle One

South Carolina has adopted the Uniform Probate Code, has enacted the Uniform Trust CodeS.C. Code Ann. § 62-7-101 et seq.Verified Oct 17, 2026View source, and has adopted the Uniform Power of Attorney ActS.C. Code § 62-8-101 et seq.Verified Sep 20, 2026View source.

Probate of a simple estate in South Carolina runs 6 months to 9 months; an average estate takes 9 months to 18 months. The court filing fee is $25 - $95 (graduated by the probate estate)S.C. Code Ann. § 8-21-770(B)Verified Sep 8, 2026View source; attorney fees are reasonable compensationS.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; executor compensation typically runs 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate. On a $500,000 estate the estimated total comes to $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. The personal representative must post a bondS.C. Code § 62-3-603Verified Sep 8, 2026View source, which the will may waiveS.C. Code § 62-3-603Verified Sep 8, 2026View source. Informal, unsupervised probate is availableS.C. Code § 62-3-301Verified Sep 8, 2026View source for uncontested estates.

Certified death certificates come from the South Carolina Department of Public Health - Vital Records SectionSouth Carolina Department of Public Health - Vital Records SectionVerified Oct 15, 2026View source at $12South Carolina Department of Public Health - Vital Records SectionVerified Oct 15, 2026View source a copy, $3South Carolina Department of Public Health - Vital Records SectionVerified Oct 15, 2026View source for each additional copy ordered with it. Processing time: 4 weeks ($12 non-refundable search fee)South Carolina Department of Public Health - Vital Records SectionVerified Oct 15, 2026View source. Once appointed, 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 and publishes the notice to creditors for 3SC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Oct 19, 2026View source consecutive weeks.

A surviving spouse left out of the will can elect to take a statutory share insteadS.C. Code §§ 62-2-201, 62-2-202, 62-2-204, 62-2-205, 62-2-206, 62-2-207Verified Sep 15, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsS.C. Code § 63-5-700Verified Sep 15, 2026View source of age. South Carolina taxes incomeS.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 at a top rate of 5.21%S.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. An heir's capital gains on inherited assets: 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.