How Does Step-Up in Basis Work in South Carolina?
Inherited assets in South Carolina take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces 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.
When someone dies, the cost basis of the property they leave is reset to its fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014. A later sale is taxed on the gain above that stepped-up basis, not above what the original owner paid, so the appreciation of the owner's lifetime is never taxed. The rule is federal and applies in South Carolina as in every state.
State capital gains tax is a separate layer from the federal tax. After the step-up, the gain on a later sale faces 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. The step-up still matters: it sets the gain on which both the federal and the state tax are figured.
For the capital gains tax, inheriting is usually better than receiving a lifetime gift. Inherited property takes a basis reset to fair market value at death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014; a gift carries the donor's original basis26 USC § 1015(a)Verified Sep 15, 2026View source under IRC § 1015. Stock bought for $10,000 and worth $200,000 carries a $190,000 gain to the recipient of a gift and none to an heir. Property held in a revocable living trust still receives the step-up at the grantor's death.
No. Inherited property is treated as held long-term from the date of death26 USC § 1223(9)Verified Sep 15, 2026View source under IRC § 1223(9), whatever the actual holding period, so a sale the day after the inheritance is taxed at the federal long-term rates of 0%, 15%, or 20%IRC § 1(h); IRS Topic No. 409Verified Sep 15, 2026View source on any gain above the stepped-up basis, plus the South Carolina layer. Short-term ordinary-income rates never apply.
The new basis is the fair market value on the date of death26 USC § 1014(f), § 6035; IRS Pub. 551 (Basis of Assets); Form 8971 / Schedule AVerified Sep 15, 2026View source, and IRS Publication 551 sets the standard for each asset class: for a publicly traded security the average of the high and low prices that day, for real estate a qualified appraisal as of that date, for a privately held business interest an independent valuation (required where a federal estate tax return is filed). The valuation is what substantiates the basis on Schedule D when the heir sells.
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Inheritance
Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
Learn moreForms for Planning and Settling an Estate in South Carolina
Free South Carolina forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In South Carolina, the notice to creditors is published for 3SC Code §§ 62-3-801, 62-3-803, 62-3-805, 62-3-806Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 8 monthsS.C. Code § 62-3-803Verified Sep 8, 2026View source from first publication to present claims.
Small Estate Affidavit
In South Carolina, the Small Estate AffidavitS.C. Code § 62-3-1201Verified Sep 8, 2026View source covers estates valued at $45,000S.C. Code § 62-3-1201Verified Sep 8, 2026View source or less, 30 daysS.C. Code § 62-3-1201Verified Sep 8, 2026View source after death, filed with the court.
Estate Inventory
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.
Estate Closing
In South Carolina, the personal representative is discharged by court orderS.C. Code §§ 62-3-1001(c), 62-3-1005; 62-3-1204(b)Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In South Carolina, a will is signed before 2S.C. Code § 62-2-502Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyS.C. Code § 62-2-502Verified Oct 19, 2026View source.
Healthcare Power of Attorney
South Carolina requires 2S.C. Code Ann. § 62-5-504Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredS.C. Code Ann. § 62-5-504Verified Oct 15, 2026View source.
Tools for Planning and Settling an Estate in South Carolina
Free calculators and checklists for planning or settling an estate in South Carolina: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Are Estate & Inheritance Taxes?
South Carolina levies no estate or inheritance taxNo state estate or inheritance tax. S.C. Code Ann. § 12-16-510(A) still imposes an estate tax "in the amount of the federal credit," but § 12-16-20(2) measures that credit by IRC § 2011, which EGTRRA (P.L. 107-16 § 532) phased out for deaths after 12/31/2004 — so the levy computes to $0 (an inert pick-up tax left on the books, never repealed). SCDOR: "South Carolina has no Estate Tax for decedents dying on or after January 1, 2005." No inheritance tax and no state gift tax (neither exists in Title 12).Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
South Carolina imposes no inheritance or estate taxNo state estate or inheritance tax. S.C. Code Ann. § 12-16-510(A) still imposes an estate tax "in the amount of the federal credit," but § 12-16-20(2) measures that credit by IRC § 2011, which EGTRRA (P.L. 107-16 § 532) phased out for deaths after 12/31/2004 — so the levy computes to $0 (an inert pick-up tax left on the books, never repealed). SCDOR: "South Carolina has no Estate Tax for decedents dying on or after January 1, 2005." No inheritance tax and no state gift tax (neither exists in Title 12).Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in South Carolina costs an estimated $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 and takes 6 months to 9 months for a simple estate, with 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. Estates under $45,000S.C. Code § 62-3-1201Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Does Probate Cost?
Probate on a $500,000 estate in South Carolina costs an estimated $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. Attorney fees run 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 under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in South Carolina, a surviving spouse takes half of the estateS.C. Code § 62-2-102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationS.C. Code § 62-2-106Verified Sep 10, 2026View source.
How Many Death Certificates Do I Need?
In South Carolina, 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; the first copy costs $12South Carolina Department of Public Health - Vital Records SectionVerified Oct 15, 2026View source, additional copies $3South Carolina Department of Public Health - Vital Records SectionVerified Oct 15, 2026View source each.
Do I Need Probate?
In South Carolina, estates valued at $45,000S.C. Code § 62-3-1201Verified Sep 8, 2026View source or less use the Small Estate AffidavitS.C. Code § 62-3-1201Verified Sep 8, 2026View source, 30 daysS.C. Code § 62-3-1201Verified Sep 8, 2026View source after death, a court filing short of full probate.
South Carolina Estate Planning Resources
In-depth guides covering South Carolina probate laws, trust requirements, and estate planning strategies.
