Should You Get a Trust or a Will in South Carolina?
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.
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. The trust also distributes assets faster than the 6 months to 9 months probate timeline a simple estate takes.
Probate in South Carolina runs about $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 on a $500,000 estate in combined attorney, executor, and court fees. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the South Carolina probate calculator.
No. A will must go through probate in South Carolina. A small estate may qualify for a simplified route: 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. In South Carolina the affidavit is filed with the court, and holders honor the court's certified copy — but no letters testamentary or of administration issue.
Simple estates in South Carolina typically take 6 months to 9 months through probate; average estates 9 months to 18 months, and contested estates longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
Yes. A will becomes a public court record once it enters probate in South Carolina: the will, the inventory, the beneficiaries and the distributions. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.
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Learn moreForms for Planning Your Estate in South Carolina
Free forms for planning your estate in South Carolina: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
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.
Pour-Over Will
In South Carolina, a pour-over will is signed before 2S.C. Code § 62-2-502Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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.
Financial Power of Attorney
South Carolina treats a power of attorney as durable by defaultS.C. Code § 62-8-101 et seq.Verified Sep 20, 2026View source, and it is signed before 2S.C. Code § 62-8-101 et seq.Verified Sep 20, 2026View source witnesses and a notary.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Living Will
In South Carolina, the living will is the Declaration of a Desire for a Natural DeathS.C. Code Ann. Title 44, Chapter 77 (§§ 44-77-10 to 44-77-160), Death With Dignity ActVerified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Tools for Planning Your Estate in South Carolina
Free tools for planning your estate in South Carolina: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
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Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in South Carolina runs $4,150Estimate: 10 hours at $415, Clio's South Carolina Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,225Estimate: 15 hours at $415, Clio's South Carolina Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in South Carolina runs $1,122Estimate: 3 hours at $374, Clio's South Carolina Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,244Estimate: 6 hours at $374, Clio's South Carolina Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $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.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In South Carolina, a parent names a guardian for a minor child in a will or a separate signed writingS.C. Code §§ 21-21-25 (parent may dispose of custody and tuition of a child by last will or recorded deed), 21-21-35 (effective against any person claiming custody as guardian), 21-21-45 (custodian may recover the child), 21-21-55 (custodian takes property deeded/devised to the child and may do all acts a guardian appointed according to law might do); enforced in family court, S.C. Code § 63-3-530(A)(34), (A)(45). Probate court has no jurisdiction over a minor’s person (§ 62-5-201); a minor’s property may also go to a probate-court conservator (§ 62-5-402, priorities § 62-5-408).Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18S.C. Code § 15-1-320(a) (references to minors mean persons under 18, except alcoholic-beverage laws)Verified Sep 16, 2026View source.
Do I Need a Revocable Trust?
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.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in South Carolina runs $4,150Estimate: 10 hours at $415, Clio's South Carolina Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,225Estimate: 15 hours at $415, Clio's South Carolina Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,122Estimate: 3 hours at $374, Clio's South Carolina Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,244Estimate: 6 hours at $374, Clio's South Carolina Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
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South Carolina Estate Planning Resources
In-depth guides covering South Carolina probate laws, trust requirements, and estate planning strategies.