How Much Does Probate Cost in South Carolina?
Use our free calculator to estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state.
Frequently Asked Questions
Probate costs in South Carolina typically include attorney fees (based on reasonable compensation determined by the court), executor fees, court filing fees, and publication costs.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 2026-07-14.Verified Jul 14, 2026 On a $500,000 estate, total costs run about $41,437 — roughly 8% of estate value — varying with complexity. Use the executor fee calculator to estimate executor compensation separately.
South Carolina allows estates valued at $45,000 or less to use the Small Estate Affidavit, which avoids full probate administration.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 2026-07-14.Verified Jul 14, 2026 Estates up to $45,000 may qualify for Summary Administration. In South Carolina the affidavit is filed with the court, and holders honor it once filed — but no personal representative is appointed and no letters issue. The waiting period is 30 days after death. Check eligibility with the South Carolina probate need checker.
In South Carolina, simple estates typically take 6-9 months. Average estates take 9-18 months. Complex estates with disputes, tax issues, or unusual assets can take 18-36 months or longer.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 2026-07-14.Verified Jul 14, 2026 The 8-month creditor claim period sets a minimum timeline.
Yes — the calculator above estimates South Carolina probate attorney fees from the estate value. South Carolina uses a "reasonable compensation" standard, so fees depend on estate complexity, time spent, and local rates.S.C. Code § 62-1-111 (reasonable attorney's fees in formal proceedings); § 62-3-720 (litigation expense reimbursement)Verified Jul 14, 2026 Typical fees run 2.1% to 3.3% of estate value. It shows the attorney fee alongside executor fees, court filing fees, and the total probate 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 Jul 14, 2026 Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the South Carolina executor fee calculator.
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