Quick answer: South Carolina probate has a 5% statutory PR commission (a maximum, often waived by family), a separate attorney fee, and a tiered court filing fee (~$695 on a $500,000 estate). There's no state estate or inheritance tax. On a $500,000 estate with the commission waived, expect the attorney fee plus ~$900 in court costs. Get your own figure with the South Carolina probate cost calculator.
The personal representative commission — 5% cap
Under S.C. Code § 62-3-719, the PR may take up to 5% of appraised personal property, plus 5% of real-property sale proceeds and up to 5% of income. Minimum $50.
The tiered filing fee — § 8-21-770
| Probate estate value | Filing fee |
|---|---|
| $60,000 – $99,999 | $95.00 |
| $250,000 | $320.00 |
| $500,000 | $695.00 |
| $750,000 | $1,220.00 |
| $1,000,000 | $1,845.00 |
Worked examples ($500,000 estate)
| Scenario | Commission | Attorney | Filing + misc | Approx. total |
|---|---|---|---|---|
| Commission taken (5%) | $25,000 | $4,000 | $915 | ≈ $29,915 |
| Commission waived | $0 | $4,000 | $915 | ≈ $4,915 |
Filing + misc = $695 filing + $120 publication + $100 copies. The 5% commission is the biggest variable — family PRs who are also beneficiaries usually waive it. Run your own numbers in the calculator.
How to reduce South Carolina probate costs
- PR waives the commission if a family member and beneficiary (saves up to 5%).
- Use the small estate affidavit for personal property up to $45,000 (since May 2025) under § 62-3-1201.
- Waive the bond where the estate qualifies (under $20,000 or by the will).
- A living trust avoids probate entirely.