South Carolina
Estate law, probate process, and inheritance rules for South Carolina — in plain language.
$2,500–$4,500 + 5% executor commission
Affidavit procedure S.C. Code §62-3-1201
Elective share: 1/3 of probate estate
Spouse + descendants: spouse takes 1/2; descendants take 1/2.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 30 days of death
- ⏱Notice to creditors: 8 months
- ⏱Inventory: 90 days after appointment
- ⚠SC requires affidavit period to expire before distribution
- ⚠Probate court fees are based on estate value (sliding scale)
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →No state tax — probate avoidance for larger estates
- →Trust planning for snowbird residents who maintain other state residences
- S.C. Code Title 62 (South Carolina Probate Code)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in South Carolina.
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