How Probate Works in South Carolina

Does South Carolina require probate?

Not always. South Carolina's adoption of the Uniform Probate Code (UPC) provides families with streamlined options for settling estates. Many smaller estates can avoid probate entirely.

Estates with personal property valued at $45,000 or less (excluding real estate) can use a small estate affidavit. Larger, uncontested estates typically use informal probate, which moves through the system with minimal court involvement.

---

What court handles probate in South Carolina?

South Carolina has a dedicated Probate Court in each of its 46 counties. This is a separate court from the Circuit Court or Family Court. Each Probate Court is led by a Probate Judge who is elected by the county's voters.

The case is filed in the county where the deceased person lived. South Carolina's Probate Court handles wills, estate administration, guardianships, and conservatorships.

There is no specific statutory deadline to file for probate, but the process should begin promptly.

---

Small estate threshold

Estates where the deceased's personal property is valued at $45,000 or less (excluding real estate) can use a small estate affidavit to collect assets without formal probate (South Carolina Code § 62-3-1201).

Requirements:

• At least 30 days must have passed since the date of death.
• No probate proceeding has been filed or is pending.
• The total value of personal property does not exceed $45,000.
• The person filing the affidavit is entitled to the property.

The affidavit can be presented to banks, employers, and other institutions to collect funds. Real estate cannot be transferred through this process.

---

Simplified probate options

South Carolina's UPC framework offers three levels of probate:

Informal probate. The standard path for uncontested estates. The personal representative files paperwork with the Probate Court, and the appointment is approved without a hearing. The personal representative then manages the estate independently. Most South Carolina estates use this process.

Formal probate. Required when the will is contested, heirs disagree, or there are complex legal questions. Formal probate involves a court hearing before the Probate Judge.

Supervised administration. Full court oversight of each estate action. This is uncommon and reserved for situations where the court needs to closely monitor the personal representative.

---

What if there is no will?

When someone dies without a will in South Carolina, the estate follows the state's intestate succession laws (South Carolina Code § 62-2-101 et seq.).

If the deceased was married:

• Spouse, no children. The surviving spouse inherits the entire estate.
• Spouse and children. The surviving spouse receives one-half of the estate. The children divide the other half equally.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

South Carolina also provides a homestead allowance and exempt property allowance to the surviving spouse and dependent children before any other distribution.

For a broader overview, see our guide on handling an estate without a will.

---

What makes South Carolina different?

Dedicated Probate Court

Unlike most states where probate is handled by a division within a general court, South Carolina has a standalone Probate Court in every county. These courts focus exclusively on estate matters, which can mean more streamlined procedures and staff who specialize in probate law.

No state estate or inheritance tax

South Carolina has no state estate tax and no inheritance tax. Only the federal estate tax applies, and only to estates exceeding approximately $13.99 million in 2025.

Uniform Probate Code

South Carolina adopted the UPC, which standardizes the probate process and provides informal probate as the default for uncontested estates. This makes the process more predictable and generally less expensive than in non-UPC states.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

---