Probate in South Carolina: small estates, no will, skipping court

Updated 2026-10-18

The short answer

In South Carolina, family can collect property by small estate affidavit 30 days after death if the probate estate is $45,000 or less, but a probate judge must countersign it. Larger estates go through informal or formal probate. South Carolina has no transfer-on-death deed for homes and no estate tax.

When someone dies in South Carolina, the family's first question is usually practical: do we have to go to court? For a small estate, the answer can be short. For a home, there are fewer shortcuts. This page covers the small estate affidavit, who inherits with no will, who serves, and how long creditors have. It is part of our guides to estate planning in each state. If the word is new, start with what probate is.

Can my family use a small estate affidavit in South Carolina?

Yes, if the estate fits the limit. Thirty days after death, a successor can collect personal property by affidavit if the entire probate estate, wherever located, less liens, is $45,000 or less (S.C. Code 62-3-1201). No application for a personal representative can be pending or granted.

Two details are unusual:

A judge signs off. The affidavit must be approved and countersigned by the probate judge in the county where the person lived, and filed with that court.
The limit is new. It rose from $25,000 to $45,000 on May 8, 2025. Older articles online still show the lower number.

The "probate estate" means property passing by will or by the no-will rules. Accounts with a named beneficiary or a joint owner usually pass outside it.

What is summary administration?

It is a faster way to finish when a personal representative has already been appointed (S.C. Code 62-3-1203). It applies when either of these is true:

The inventory shows the estate, less liens, is no more than $45,000 plus exempt property, costs of administration, reasonable funeral expenses and last-illness medical bills, or
The personal representative is the only heir or the only person named in the will.

The personal representative publishes notice to creditors, then may hand out the property right away and close the estate by sworn statement (S.C. Code 62-3-1204).

Who inherits if there's no will?

South Carolina's intestacy law decides. South Carolina is not a community property state (S.C. Code 62-2-102).

If you are married, your spouse takes:

Everything, if you have no children or other descendants.
One-half, if you have any descendants. This is true even when all the children are your spouse's too, which surprises many couples.

Anything that doesn't pass to a spouse goes in this order (S.C. Code 62-2-103):

Your descendants.
Your parents equally, or the surviving parent.
Your parents' descendants: brothers, sisters, nieces and nephews.
Half to your father's side and half to your mother's side: grandparents or their descendants.
The same split for great-grandparents and their descendants.
The State of South Carolina.

Half-siblings inherit the same as full siblings (S.C. Code 62-2-107). Friends never appear on this list. If you want a friend, a charity or a kind neighbor to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

One more caution. A handwritten will made in South Carolina isn't valid unless it has two witnesses, like any other will (S.C. Code 62-2-502).

Who serves as personal representative?

South Carolina calls the executor a "personal representative." If more than one person wants the job, the law sets the order (S.C. Code 62-3-203):

The person named in the will.
A surviving spouse who inherits under the will.
Others who inherit under the will.
The surviving spouse.
Other heirs.
Forty-five days after death, a creditor who has filed properly.
Four months after death, on the Department of Revenue's application, a person the court finds suitable.

Unless the will says otherwise, a person with priority can nominate someone else. A personal representative is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Can someone out of state serve?

Yes. South Carolina's statute has no residency rule for individuals. It disqualifies anyone under 18, anyone the court finds unsuitable in formal proceedings, and (for a South Carolina resident's estate) an out-of-state corporation (S.C. Code 62-3-203). A son in Ohio or a niece in Virginia can serve.

Bond isn't required if the will names the personal representative (unless the will asks for bond), if all heirs waive it, or if the personal representative is the only heir (S.C. Code 62-3-603).

Informal or formal probate?

South Carolina follows the Uniform Probate Code model. Informal probate is an application to the probate court (S.C. Code 62-3-301). Formal probate goes before a judge and resolves disputes (S.C. Code 62-3-401). Probate generally can't be started more than ten years after death (S.C. Code 62-3-108).

Our post on the probate process has the steps.

How long do creditors have?

The personal representative publishes a notice once a week for three weeks. Creditors then have eight months after the first publication to come forward (S.C. Code 62-3-801).

A mailed notice gives a creditor the earlier of one year after death or 60 days after mailing. Either way, debts from before death are barred if not presented within one year after death (S.C. Code 62-3-803). Our post on how long probate takes covers timing.

How much is the personal representative paid?

South Carolina sets a cap, not just "reasonable" pay (S.C. Code 62-3-719). The personal representative may receive up to 5% of the appraised value of the personal property, plus up to 5% of the proceeds from real estate sold under the will or a court order, with a $50 minimum. They may also receive up to 5% of income the estate earns.

The court can approve more for extraordinary work. The schedule doesn't apply if the will or a contract sets the fee, and co-representatives share one maximum. Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Not with a transfer-on-death deed. South Carolina's transfer-on-death law covers only titled items like vehicles, mobile homes and boats, not real estate (S.C. Code 62-6-401). A bill to allow them, S. 49, was referred to committee in January 2025 with no later action shown (S. 49 bill page).

That makes a living trust the common way to keep a South Carolina home out of court. A trust there is revocable unless it says it is irrevocable (S.C. Code 62-7-602). Our posts on what a trustee does and how to avoid probate explain the options.

Will my heirs owe South Carolina estate tax?

No. South Carolina has no estate tax for deaths on or after January 1, 2005 (South Carolina Department of Revenue).

Which path fits?

Situation	Likely path
Probate estate of $45,000 or less, no personal representative	Small estate affidavit after 30 days, countersigned by the probate judge
Personal representative appointed, estate near the limit or one sole heir	Summary administration
Home in the person's name only	Probate (no transfer-on-death deed for real estate)
Home held in a living trust	Trustee transfers it, no probate
Family disagrees about the will	Formal probate before a judge

Here is a typical case, a composite. Ruth, 77, lived in Columbia and never married. Her house was in her living trust, with her niece as successor trustee. Her checking account came to about $30,000. Her niece filed the affidavit and the judge countersigned it. The trust handled the house.

Some people would rather not leave this to a niece in another state. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our South Carolina financial power of attorney guide and South Carolina medical power of attorney guide.

Common questions

What is the small estate limit in South Carolina?

$45,000, less liens, for the whole probate estate, since May 8, 2025. The family waits 30 days after death, and the probate judge must countersign the affidavit.

Does a surviving spouse inherit everything in South Carolina?

Only if there is no will and no descendants. If there are children or grandchildren, the spouse gets one-half, even when the children are the spouse's own.

Does South Carolina allow transfer-on-death deeds?

Not for real estate. The state's transfer-on-death law covers vehicles, mobile homes and boats. A living trust is the usual way to pass a home without probate.

How long do creditors have in South Carolina probate?

Eight months after the first published notice. Debts from before death are barred if not presented within one year after death in any case.

Can a nonresident be a personal representative in South Carolina?

Yes. The statute has no residency requirement for individuals. An out-of-state corporation can't serve for a South Carolina resident's estate.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in South Carolina: rules, signing, who to namePower of attorney in South Carolina needs two witnesses and a notary, and it must be recorded with the county before your agent can use it after incapacity.State guidesMedical power of attorney in South Carolina: how to sign oneMedical power of attorney in South Carolina: two qualified witnesses, who can't witness, the living will's stricter rules, and who decides if nobody is named.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.