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South Carolina Statewide Probate Guide

Settling an estate after losing someone is difficult, and South Carolina recently raised its small estate threshold significantly. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s Probate Court address and local filing details, see that county’s page.

Where Probate Happens

South Carolina probate is handled by the Probate Court in the county where the deceased was domiciled. South Carolina’s probate framework is codified in Title 62, the South Carolina Probate Code.

Recent Change: The Small Estate Threshold Nearly Doubled

Act No. 26 (H.3472), effective May 8, 2025, raised South Carolina’s small estate threshold from $25,000 to $45,000. This applies across several parts of the probate code – the Collection of Personal Property by Affidavit, Summary Administration, and the exempt property allowance for surviving family members. Many older forms and sources online (including the official PDF form itself, in some cases) may still reference the outdated $25,000 figure – the current statutory limit is $45,000.

Step 1: Does The Estate Qualify For A Simplified Process?

Collection of Personal Property by Affidavit (S.C. Code § 62-3-1201, Form 420ES)

  • The value of the entire probate estate (property passing by will plus property passing by intestacy), wherever located, less liens and encumbrances, must not exceed $45,000.
  • Applies to personal property only – real property cannot be transferred this way.
  • At least 30 days must have passed since the death.
  • No personal representative can be appointed or have a pending application.
  • Not filed with the court in advance – presented directly to whoever holds the property (bank, employer, etc.), who must then release it.
  • The person presenting the affidavit becomes personally liable to creditors and other successors for any improper distribution – a real responsibility that comes with using this shortcut.
  • Non-probate assets (joint accounts, beneficiary designations, trust assets) don’t count toward the $45,000 threshold.

Summary Administration (S.C. Code §§ 62-3-1203, 62-3-1204)

  • Available when the value of the entire probate estate, less liens and encumbrances, doesn’t exceed the sum of the exempt property allowance (under § 62-2-401) plus certain other allowed costs (funeral expenses, administration costs, final medical expenses) – or when the personal representative is the sole beneficiary.
  • Unlike the pure affidavit route, this does involve appointment and Probate Judge approval, and a closing document (Verified Statement to Close Estate, Form 421ES, under § 62-3-1204) is required.
  • Still requires attention to inventory, creditor notice, claims, and taxes – a more streamlined process than full probate, not a complete bypass.

STEP 2: FULL PROBATE ADMINISTRATION (for larger or more complex estates)

  1. File an Application/Petition for Probate of Will and Appointment of Personal Representative (Form 300ES) with the Probate Court in the relevant county.
  2. The court issues Letters Testamentary (with a will) or Letters of Administration (without one) – sometimes referred to collectively as “Certificates of Appointment.”
  3. The personal representative inventories assets, manages creditor claims, pays debts, and eventually distributes the estate.

Timeline

Small estate procedures can move relatively quickly once the 30-day wait passes. Full probate timelines vary with complexity.

Taxes

South Carolina has no state estate tax and no state inheritance tax. Only the federal estate tax could apply, and only to very large estates (federal exemption $15 million per individual for 2026).

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Probate Court address, phone number, and local filing details, visit that county’s page.