Quick answer: South Carolina does not set probate attorney fees by statute. Fees are negotiated — commonly $2,500–$6,000 for a routine estate, billed hourly or as a flat fee, more for complex or contested cases. This is separate from the personal representative's statutory commission (up to 5% under S.C. Code § 62-3-719) and from the tiered court filing fee.
How South Carolina probate attorneys bill
Negotiated — no statutory schedule
Unlike the PR commission, which is capped at 5% by statute, attorney fees are set by agreement. Attorneys quote a flat fee for a routine informal estate or bill hourly for anything more involved. The probate court can review a fee if an interested person objects, but there's no fixed percentage to apply.
What drives the fee in South Carolina
- Real property — sales, title issues, or out-of-state property add work.
- Will contests or creditor disputes — litigation is billed separately.
- Formal vs informal — a formal proceeding needs more court involvement.
Do you need an attorney?
For a full estate, it's advisable — the PR is a fiduciary with real liability. The small estate affidavit ($45,000 or less, since May 2025) can often be handled without one.
How to keep South Carolina probate attorney fees down
- Agree a flat fee up front for a routine estate, in writing.
- Keep organized records — a clean file cuts billable time.
- Use the small estate affidavit where the estate qualifies ($45,000).
- Plan with a trust to avoid probate entirely.
Attorney fees are only one cost. See the full picture in the South Carolina probate cost breakdown, or estimate your total with the South Carolina probate cost calculator.