Estate settlement · SC
Probate in South Carolina.
The basics most families need to know. Not legal advice — see the official sources at the bottom of this page, or call a South Carolina estate attorney for the specifics of your situation.
Estates under $25,000
South Carolina's Small Estate Affidavit handles estates of $25,000 or less in personal property (S.C. Code §62-3-1201). Wait 30 days after death. Filed with the probate court.
9–14 months for full probate
South Carolina offers informal/unsupervised probate, which is typically faster and less expensive when the will is clean and the heirs aren't in dispute.
South Carolina does not require an attorney for probate, though most families with non-trivial estates use one. Average legal fees: $1,500–$5,000.
What makes South Carolina different.
- South Carolina has no state estate tax (repealed 2005) and no inheritance tax.
- Probate Court is its own court system in SC, separate from Circuit Court.
- Summary administration is available when one heir is the only beneficiary and there are no debts.
- South Carolina's $25,000 threshold is on the lower end nationally — many estates won't qualify for the simplified path.
What the executor will file.
- Application for Informal Probate (Form 300)Standard path for uncontested wills.
- Small Estate AffidavitPersonal property up to $25,000.
- Inventory and Appraisement (Form 350)Filed within 90 days of appointment.
For the actual current rules.
State rules and thresholds change. These links go to the South Carolina courts and bar association — the source of truth for current forms, fees, and procedures.
We have probate guides for the 10 most populous states. Pick another:
This page is general consumer guidance, not legal advice. For complex estates, contested wills, or jurisdiction-specific questions, talk to a licensed South Carolina estate attorney.
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