How Much Does an Executor Get Paid in South Carolina?
Calculate how much an executor (personal representative) can charge for administering an estate. Fees vary by state law.
Frequently Asked Questions
South Carolina sets executor compensation by statute.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 The fee schedule is based on the gross value of the estate. Executors and beneficiaries may agree to a different amount, but the statutory schedule provides the default.
Yes. Executors in South Carolina can waive their fee entirely or accept a reduced amount. Family members serving as executor often waive compensation, particularly when they are also beneficiaries of the estate. Waiving the fee reduces the overall cost of probate and increases the amount available for distribution to beneficiaries.
South Carolina requires executors to post a surety bond.S.C. Code § 62-3-603Verified May 5, 2026 The bond requirement can be waived in the will or by court order. The typical annual bond premium is approximately 0.5% of the estate value. The bond protects beneficiaries against executor misconduct or mismanagement.
An executor in South Carolina is responsible for filing the will with the probate court, inventorying assets, notifying creditors, paying debts and taxes, and distributing remaining assets to beneficiaries.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 process typically takes 6-9 months for simple estates and 9-18 months on average. The 8-month creditor claim period sets a minimum timeline. The South Carolina executor checklist outlines each step.
Executor fees and attorney fees are separate costs in South Carolina probate. Attorney fees are based on reasonable compensation.S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified May 5, 2026 Executor compensation is calculated separately from attorney fees. Both fees are paid from the estate before distribution to beneficiaries.
Total probate costs in South Carolina include executor fees, attorney fees, court filing fees, publication costs, and potentially bond premiums. Executor compensation is one component of the overall expense. The total typically ranges from 3-8% of the estate value depending on complexity. Use the South Carolina probate calculator for a complete cost estimate.
The South Carolina statutory schedule for executor compensation is: 5% on amounts above $0.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 The fee applies to the gross value of the probate estate. Extraordinary services may warrant additional compensation as approved by the court.
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South Carolina Estate Planning Resources
In-depth guides covering South Carolina probate laws, trust requirements, and estate planning strategies.
