For anyone planning an estate in South Carolina or settling one: what a will or trust costs, whether an estate needs probate, what executors and trustees are paid, and the taxes on an inheritance, each answered under South Carolina law.
36 tools for South Carolina
Probate in South Carolina takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2.1%S.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 to 3.3%S.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 of the estate; assets held in a revocable trust skip both.
South Carolina does not authorize transfer on death deeds; sole-name real property goes through probate, at least 6 months for a simple estate, unless held in a trust or with a right of survivorship.
South Carolina allows a transfer-on-death beneficiary designation on a vehicle titleS.C. Code Ann. 62-6-401Verified Aug 25, 2026View source, filed through the South Carolina Department of Motor Vehicles (SCDMV) using Form TOD-1.
South Carolina has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableS.C. Code § 62-3-301Verified Sep 8, 2026View source.
In South Carolina, the County Probate Court appoints the personal representative and the Probate Court issues Certificate of Appointment of Personal Representative; an informal (registrar) track is availableS.C. Code § 62-3-301Verified Sep 8, 2026View source.
In South Carolina, creditors have 8 monthsS.C. Code § 62-3-803Verified Sep 8, 2026View source from first publication of the creditor notice to present claims; late claims are barred.
When an estate owes more than it holds, South Carolina pays the claims in 5S.C. Code § 62-3-805Verified Sep 23, 2026View source classes in statutory order, beginning with administration costs, attorney fees, and reasonable funeral expenses.
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
South Carolina requires a final state income tax return for the decedent alongside the federal Form 1040S.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; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Estimate the fair market value of household items for probate and see how it affects fees.
In South Carolina, a will-based plan pays probate attorney fees of typically 2.1%S.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 to 3.3%S.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 of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
Settling an estate in South Carolina: 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; creditors have 8 monthsSC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Sep 15, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
Settling a trust in South Carolina happens outside court: the trustee acts under the state's Uniform Trust CodeS.C. Code Ann. § 62-7-101 et seq.Verified Jul 15, 2026View source, notifies the beneficiaries within 90 daysS.C. Code §§ 62-7-813, 62-7-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
After a death in South Carolina, the estate either qualifies for the simplified procedure for estates under $45,000S.C. Code § 62-3-1201Verified Sep 8, 2026View source or goes through probate, where creditors have 8 monthsS.C. Code § 62-3-803Verified Sep 8, 2026View source to file claims after notice.