Probate in South Carolina
South Carolina probate is administered by the Probate Court in the county where the deceased resided. South Carolina has a dedicated probate court system that handles estate matters separately from the general civil courts. The process allows for both supervised and unsupervised administration — the court system is generally accessible and efficient for routine estates.
South Carolina probate typically takes 8–12 months. Personal representatives are entitled to reasonable compensation.
Simplified estate procedures
South Carolina allows a small estate affidavit procedure for estates with personal property of $25,000 or less. The affidavit can be presented to financial institutions to collect assets without court involvement, available 30 days after death.
South Carolina also allows a "summary distribution" process for certain small estates. Real property must generally go through probate or be held in a trust to avoid court proceedings at death.
Death certificates
South Carolina death certificates are issued by the South Carolina Department of Health and Environmental Control (SCDHEC) and by county registrar offices. The cost is $12 per certified copy. Order online through SCDHEC or VitalChek.
Order 10–12 certified copies when the funeral home files the initial certificate. Banks, insurance companies, Social Security, and pension plans each require original certified copies.
Estate and inheritance tax
- State estate tax: South Carolina has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Creditor claim period: 8 months from the date of first publication of notice to creditors, or 1 year from the date of death — whichever is earlier.
- Dedicated probate courts: South Carolina's dedicated probate courts (one per county) are staffed by judges focused specifically on estate and guardianship matters, making the process more accessible than in states that route probate through general civil courts.
- No transfer on death deed: South Carolina does not currently authorize transfer on death deeds for real property. Living trusts are the primary tool for avoiding probate on real estate.
- Elective share: South Carolina provides a surviving spouse with a right to an elective share of the estate regardless of the will.
Key contacts
- SCDHEC vital records: scdhec.gov/vital-records
- SC Probate Courts: sccourts.org
- South Carolina Bar lawyer referral: scbar.org