South Carolina Probate Cost Calculator & Fees

Q: Is the 5% commission automatic?

No - it's a maximum, not a guaranteed amount. Under 62-3-719 the personal representative may take up to 5% of personal property (plus real-property sale proceeds and income), but the probate court has the final say and can approve less. Family PRs frequently waive it. The minimum, if taken, is $50.

Q: How is the probate filing fee calculated?

By 8-21-770(B), tiered on the gross probate estate: flat amounts up to $100,000, then $95 + 0.15% of the excess to $600,000, then $845 + 0.25% above. So $250,000 is $95 + 0.15% of $150,000 = $320; $750,000 is $845 + 0.25% of $150,000 = $1,220.

Q: How long does probate take in South Carolina?

Most South Carolina estates take 8 to 12 months, set by the creditor claim period (the earlier of one year from death or the 8-month publication period).

How probate costs work in South Carolina

Probate in South Carolina runs through the county Probate Court where the person lived — Greenville, Richland (Columbia), Charleston, Horry (Myrtle Beach), Spartanburg, Lexington and the state's 46 counties. South Carolina is unusual in setting the personal representative commission by statute at 5%, and its court filing fee follows a tiered sliding scale. It has no state estate or inheritance tax.

1. Personal representative commission — 5% cap

S.C. Code § 62-3-719: the personal representative may receive up to 5% of the appraised value of the estate's personal property, plus 5% of the proceeds of any real property sold under the will or court order, plus up to 5% of estate income. The minimum is $50. These are maximums — the probate court has the final say, and co-representatives share a single 5% pool.

On a $500,000 personal-property estate, 5% is $25,000. Family members serving as PR often waive the commission, since it's taxable income while an inheritance is not.

2. Attorney fees — no statutory schedule

South Carolina does not set attorney fees by statute. They're negotiated — commonly $2,500–$6,000 for a routine estate, hourly or flat, more for complex or contested ones. It's a separate cost from the commission.

3. The probate court filing fee — tiered

S.C. Code § 8-21-770(B): a tiered fee on the gross probate estate — $25 up to $5,000; $45 to $20,000; $67.50 to $60,000; $95 to $100,000; $95 + 0.15% of the value over $100,000 to $600,000; and $845 + 0.25% of the value over $600,000 above that. Uniform across all 46 counties. A $500,000 estate pays about $695.

4. Publication & other costs

Notice to creditors (§ 62-3-801) — once a week for three weeks; the newspaper sets the price (~$85–$150+).
Bond — may be waived if the estate is under $20,000 or by the will/beneficiaries (§ 62-3-603).
Certified copies — $5 each, plus copy charges.

5. When probate can be simplified in South Carolina

Small estate affidavit — personal property of $45,000 or less (raised from $25,000 on May 8, 2025), no real estate, 30-day wait, under § 62-3-1201 / summary administration § 62-3-1203.
Living trust, joint tenancy, POD/TOD — bypass probate entirely.

Note: South Carolina has no estate tax and no inheritance tax — only the federal estate tax (which reaches very few estates) applies.

Cost component	South Carolina figure	Source
PR commission	Up to 5% of personal property; $50 min	62-3-719
Attorney fee	Reasonable; ~$2,500–$6,000 (no statute)	negotiated
Court filing fee	Tiered; ~$695 at $500k	8-21-770
Small estate limit	$45,000 (from May 8, 2025)	62-3-1201
State estate / inheritance tax	None	SC DOR

South Carolina probate cost — frequently asked questions

How much does probate cost in Charleston / Greenville / Columbia?

The commission cap and filing-fee schedule are statewide; only the county Probate Court differs. In Charleston, Greenville, Richland (Columbia) or Horry (Myrtle Beach), a $500,000 estate has up to a $25,000 PR commission (5%, often waived by family), a $2,500–$6,000 attorney fee, and a ~$695 filing fee. South Carolina has no state estate tax.

Is the 5% commission automatic?

No — it's a maximum, not a guaranteed amount. Under § 62-3-719 the personal representative may take up to 5% of personal property (plus real-property sale proceeds and income), but the probate court has the final say and can approve less. Family PRs frequently waive it. The minimum, if taken, is $50.

Did the South Carolina small estate limit change?

Yes. Act No. 26, effective May 8, 2025, raised the small estate affidavit limit from $25,000 to $45,000 in personal property (no real estate, 30-day wait). Many older guides still cite $25,000, so more estates now qualify for the simplified affidavit or summary administration.

How is the probate filing fee calculated?

By § 8-21-770(B), tiered on the gross probate estate: flat amounts up to $100,000, then $95 + 0.15% of the excess to $600,000, then $845 + 0.25% above. So $250,000 is $95 + 0.15% of $150,000 = $320; $750,000 is $845 + 0.25% of $150,000 = $1,220.

How long does probate take in South Carolina?

Most South Carolina estates take 8–12 months, set by the creditor claim period (the earlier of one year from death or the 8-month publication period).

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. South Carolina caps the personal representative commission at 5% of appraised personal property (plus real-property sale proceeds and income), $50 minimum, under S.C. Code § 62-3-719 — a maximum the probate court may reduce. The tiered filing fee is set by § 8-21-770(B). The small estate limit is $45,000 (from May 8, 2025). Attorney fees are not set by statute. South Carolina has no state estate or inheritance tax. Confirm current figures with the county Probate Court or a licensed South Carolina attorney before acting.