What Do I Do When Someone Dies in South Carolina?
A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.
Frequently Asked Questions
Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy. Order from South Carolina Department of Public Health - Vital Records Section. Fee: $12/copy ($3 additional). Available: online, phone, mail, in-person, in-person. Processing: 4 weeks ($12 non-refundable search fee).
State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Person designated as agent by the decedent in a will or other verified and attested document, or named in the decedent's DD Form 93 if the decedent died while serving in the armed services and there is no will designation (§ 32-8-320(A)(1)); then The spouse of the decedent, unless separated per § 32-8-320(A)(2): pendente lite order in a divorce or separate maintenance action, formal signing of a written property or marital settlement agreement, or a permanent order of separate maintenance and support; then The decedent's surviving adult children (§ 32-8-320(A)(3)); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.
Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $45,000. Informal (unsupervised) probate available. Independent administration reduces court oversight.
Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Statewide form: 300ES (Application (Informal) / Petition (Formal) for Probate of Will or Appointment). File with the County Probate Court. Filing fees vary by estate value. Informal probate available. Independent administration reduces court supervision. Typical duration: 9-24 months.
Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Certificate of Appointment of Personal Representative are issued by the Probate Court; the personal representative must qualify under § 62-3-601 before letters / the Certificate of Appointment issue. The state's title for the role is Personal Representative. Typically filed with the petition: Death certificate — county Probate Court intake practice, not required by Title 62 or by Form 300ES; the counties differ on form (Berkeley and Horry ask for a certified copy, Charleston for the original and "no copies", Lexington and York for a copy), so confirm with the county where the estate is opened; Original will and any codicils (S.C. Code Ann. § 62-2-901, delivery of will to court); Qualification / Statement of Acceptance of the personal representative (S.C. Code Ann. § 62-3-601); Fiduciary Bond (Form 341ES) when required (S.C. Code Ann. § 62-3-603); Filing fee based on the gross value of the probate estate (S.C. Code Ann. § 8-21-770(B)).
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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 Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
Learn more
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 moreMore tools for handling this estate
Calculators and checklists for executors and trustees.
Petition for Probate and Letters
Prepare the application to open probate and request Letters Testamentary or of Administration.
Notice to Creditors
Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.
Renunciation of Executor
Decline an appointment as executor — the writing filed with the court, drafted to your state's rule, with its deadline and filing office.
Affidavit of Heirship
Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, composed to your state's statute with its recording instructions.
Small Estate Affidavit
Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
How Much Does Probate Cost?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
How Much Can an Executor Charge?
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
Who Inherits Without a Will?
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
What's Fair Trustee Compensation?
Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
Hire a South Carolina Estate Administration Attorney
Browse 14 estate administration firms in South Carolina with addresses, contact info, and practice details.
South Carolina Estate Settlement Resources
In-depth guides covering South Carolina probate, estate administration, and settling an estate.
