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Home→Tools→Executor Duties Checklist→South Carolina

What Are My Duties as Executor in South Carolina?

Step-by-step guide for executors navigating probate, from filing the will to closing the estate.

Frequently Asked Questions

An executor (or personal representative) in South Carolina is responsible for filing the will with the probate court, inventorying and appraising assets, notifying creditors, paying debts and taxes, and distributing remaining property to beneficiaries. The executor has a fiduciary duty to act in the best interest of the estate and its beneficiaries.

The probate petition filing fee in South Carolina is approximately $695 for a $500,000 estate.S.C. Code § 62-3-719 (PR compensation, 5% cap, $50 min), § 62-1-111 (attorney fees), § 62-3-1201 (small estate affidavit — $45K personal property, 30-day wait, no real property), § 62-3-1203 (summary administration — $45K), § 62-3-603 (bond not required by default in 4 enumerated cases; § 62-3-605 demand for bond), § 62-3-801(a) (8-month publication notice), § 62-3-803 (creditor claims — earlier of 1 year from death or § 62-3-801(a) period), § 62-3-203 (PR priority order), § 8-21-770(B) (graduated probate court fee schedule: $25 / $45 / $67.50 / $95 tiers, +0.15% over $100K, +0.25% over $600K); 2025 Act No. 26 / H.3472 (small estate + exempt property thresholds raised from $25K to $45K, eff. May 8, 2025). Verified against scstatehouse.gov 2026-05-05.Verified May 5, 2026 Additional fees may apply for certified copies, recording fees, and publication of notice to creditors.

South Carolina requires the executor to publish notice to creditors in a local newspaper. Known creditors should also receive direct written notice. Creditors have 8 months to file claims.S.C. Code § 62-3-719 (PR compensation, 5% cap, $50 min), § 62-1-111 (attorney fees), § 62-3-1201 (small estate affidavit — $45K personal property, 30-day wait, no real property), § 62-3-1203 (summary administration — $45K), § 62-3-603 (bond not required by default in 4 enumerated cases; § 62-3-605 demand for bond), § 62-3-801(a) (8-month publication notice), § 62-3-803 (creditor claims — earlier of 1 year from death or § 62-3-801(a) period), § 62-3-203 (PR priority order), § 8-21-770(B) (graduated probate court fee schedule: $25 / $45 / $67.50 / $95 tiers, +0.15% over $100K, +0.25% over $600K); 2025 Act No. 26 / H.3472 (small estate + exempt property thresholds raised from $25K to $45K, eff. May 8, 2025). Verified against scstatehouse.gov 2026-05-05.Verified May 5, 2026 The executor is personally liable for distributions made before the claim period expires if valid claims go unpaid.

South Carolina allows estates valued at $45,000 or less to use a Small Estate Affidavit.S.C. Code § 62-3-719 (PR compensation, 5% cap, $50 min), § 62-1-111 (attorney fees), § 62-3-1201 (small estate affidavit — $45K personal property, 30-day wait, no real property), § 62-3-1203 (summary administration — $45K), § 62-3-603 (bond not required by default in 4 enumerated cases; § 62-3-605 demand for bond), § 62-3-801(a) (8-month publication notice), § 62-3-803 (creditor claims — earlier of 1 year from death or § 62-3-801(a) period), § 62-3-203 (PR priority order), § 8-21-770(B) (graduated probate court fee schedule: $25 / $45 / $67.50 / $95 tiers, +0.15% over $100K, +0.25% over $600K); 2025 Act No. 26 / H.3472 (small estate + exempt property thresholds raised from $25K to $45K, eff. May 8, 2025). Verified against scstatehouse.gov 2026-05-05.Verified May 5, 2026 The waiting period is 30 days after death. This avoids the need for formal probate and significantly reduces time and cost.

South Carolina has a statutory fee schedule for executor compensation.S.C. Code § 62-3-719 (up to 5% of personal property + real property sale proceeds; min $50; court may authorize above 5% for extraordinary services)Verified May 5, 2026 Typical executor fees range from 5% to 5% of estate value. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the South Carolina executor fee calculator.

Probate costs in South Carolina include court filing fees, attorney fees, executor compensation, publication costs, and potentially a surety bond. Total costs generally range from 3-8% of the estate value depending on complexity. The South Carolina probate calculator provides a detailed cost estimate based on estate value.

Executor Duties in South Carolina

Probate in South Carolina begins with filing the will and a petition with the court. The initial filing fee is Flat lower tiers, then 0.15% over $100K to $600K and 0.25% over $600KS.C. Code Ann. § 8-21-770(B)Verified May 5, 2026. After appointment, the executor receives letters testamentary granting legal authority to manage estate affairs.

Creditors in South Carolina have 8 monthsS.C. Code § 62-3-803Verified May 5, 2026 to file claims after notice is published. The executor must publish notice in a local newspaper and send direct notice to known creditors. For smaller estates under $45,000§ 62-3-1201Verified May 5, 2026, simplified procedures may be available that bypass formal probate.

South Carolina sets executor fees by statute, typically 5%S.C. Code § 62-3-719 (up to 5% of personal property + real property sale proceeds; min $50; court may authorize above 5% for extraordinary services)Verified May 5, 2026 to 5%S.C. Code § 62-3-719 (up to 5% of personal property + real property sale proceeds; min $50; court may authorize above 5% for extraordinary services)Verified May 5, 2026 of estate value. Executors can waive their fee or negotiate a different amount. See the executor fee calculator for a breakdown.

Simple estates in South Carolina typically close in 6 monthsS.C. Code § 62-3-719 (PR compensationVerified May 5, 2026 from the date of filing. Estates held in a revocable living trust skip probate entirely — the successor trustee handles distribution privately in weeks. The creditor claims guide covers notification deadlines for estates that do go through probate.

SimplyTrustSimplyTrust Editorial·Updated May 5, 2026

Legal Sources

  • § 62-3-1201
  • S.C. Code § 62-3-719 (PR compensation
  • S.C. Code § 62-3-719 (up to 5% of personal property + real property sale proceeds; min $50; court may authorize above 5% for extraordinary services)
  • S.C. Code § 62-3-803
  • S.C. Code Ann. § 8-21-770(B)

Data sourced from South Carolina statutes and official state code. How we research.

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In-depth guides covering South Carolina probate laws, trust requirements, and estate planning strategies.

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