South Carolina Probate Guide
County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in South Carolina.
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Types of Probate in South Carolina
South Carolina probate is heard by the Probate Court of the county where the decedent was domiciled, one in each of the 46 counties. The state adopted the Uniform Probate Code as Title 62, the South Carolina Probate Code, which is why its rules line up with other UPC states -- though it amended substantially, notably in 2013. Two routes matter to most families. Full administration runs through the Probate Court. The affidavit procedure under S.C. Code Ann. 62-3-1201 avoids administration entirely where the whole probate estate, wherever located and less liens and encumbrances, does not exceed $45,000 and thirty days have passed since the death; that ceiling was raised to its current figure by Act No. 26 of 2025, so a death before May 8, 2025 is governed by the older, lower amount. The intestate rule is unusually flat: under 62-2-102 a surviving spouse takes the entire intestate estate if there is no surviving issue, and one-half if there are, with no dollar allowance and no separate treatment of real property.
See the full comparison of South Carolina probate typesWhich procedures exist, who qualifies, and how the timelines compare.Find your county
South Carolina Probate Filing Offices by County
Choose your county to get its probate court contacts, filing fees, and required forms. 46 counties have detailed data.
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South Carolina Probate Guides
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Browse South Carolina guide topics
Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.
Browse South Carolina guide topics
Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.
Probate Basics
4Forms & Court
5Executor Duties
6Taxes & Deadlines
10- South Carolina Probate Timeline
- Ancillary Probate in South Carolina: Out-of-State Property
- How to Contest a Will in South Carolina
- South Carolina and the Federal Estate Tax
- South Carolina Fiduciary Income Tax
- South Carolina Probate Bond Requirements: When Personal Representatives Must Post Bond
- South Carolina Probate Creditor Claims
- South Carolina Step-Up in Basis Guide
- South Carolina Summary Administration
- South Carolina Surviving Spouse Rights in Probate
Planning Documents
7- Digital Assets and Estate Planning in South Carolina
- How Pet Trusts Work in South Carolina
- South Carolina Estate Planning Basics: Documents Every Adult Needs
- South Carolina Guardianship Planning Guide
- South Carolina Healthcare Directive
- South Carolina Power of Attorney
- South Carolina Trust Administration: Successor Trustee Guide
Property Transfer
2South Carolina Probate Self-Help and Online Resources
South Carolina probate resource map by source type
All South Carolina self-help resources (3 links)Official court, form, law-library, referral, and legal-education links, plus how to use each source
South Carolina probate source navigation starts with state court, form, agency, legal-help, or referral links that are already tracked in Settled state data. These links are state-level starting points, not county-specific filing instructions.
Which South Carolina probate source should you use?
- Start with the state court, form, or self-help source for general South Carolina probate context.
- Use county filing-office, clerk, register, or court pages for local filing locations, local forms, fee schedules, and records portals.
- Use legal-help, law-library, or referral links as research or referral paths, not as a substitute for counsel.
- Verify current filing steps with the county office, court, clerk, register, legal-aid source, or counsel before filing.
Statewide process, forms, and code sources
State court, form, statute, agency, and self-help sources for general probate and estate-settlement questions.
- South Carolina Judicial Branch - Self-Represented Litigant Probate Forms
State-level source record in Settled data, accessed 2026-06-04.
- South Carolina Legal Services
State-level source record in Settled data, accessed 2026-08-11.
Referral-navigation sources
Referral paths for finding certified lawyer-referral services when a family wants help locating counsel.
- South Carolina Bar, public services
State-level source record in Settled data, accessed 2026-08-11.
Settled pairs these South Carolina source links with county pages, forms, first-step guides, transfer guides, and source notes so families can move from statewide context to the local office that handles the estate.
South Carolina Estate Law Overview
South Carolina Estate Tax Info
South Carolina has no app-modeled state estate tax or inheritance tax in this scaffold.
Federal estate tax info
Federal estate tax only applies to estates exceeding $15,000,000 (2026).
Who Inherits Without a Will?
Rules for property distribution when someone dies without a valid will.
South Carolina Homestead Protection
Information about homestead protection laws.
Exempt Property
Certain property may be exempt from estate creditors.