How the South Carolina executor fee actually works
A flat 5% ceiling, not a tiered schedule — but which assets count depends heavily on what actually happens to them during administration.
1. A 5% cap on personal property, and real estate only if actually sold
S.C. Code § 62-3-719(a): "a personal representative shall receive for his care in the execution of his duties a sum from the probate estate funds not to exceed five percent of the appraised value of the personal property of the probate estate plus the sales proceeds of real property of the probate estate received on sales directed or authorized by will or by proper court order, except upon sales to the personal representative as purchaser." Real property that's simply distributed to heirs in kind — never sold — contributes nothing to this base, and property the personal representative buys themselves doesn't count either. The minimum commission is $50, regardless of estate size.
2. A separate 5% on income, with a real misconduct exception
§ 62-3-719(b): "a personal representative may receive not more than five percent of the income earned by the probate estate... No such additional commission is payable by an estate if the probate judge determines that a personal representative has acted unreasonably in the accomplishment of the assigned duties, or that unreasonable delay has been encountered." This income commission can be forfeited entirely for misconduct or delay — a real, specific consequence tied to this particular piece of the compensation.
3. When the statute doesn't apply at all
§ 62-3-719(c): this section doesn't apply "where there is a contract providing for the compensation to be paid for such services, or where the will otherwise directs, or where the personal representative qualified to act before June 28, 1984." A specific historical cutoff date, alongside the more familiar contract and will exceptions.
4. Multiple personal representatives: one hard aggregate cap
§ 62-3-719(e): "If more than one personal representative is serving an estate, the court in its discretion shall apportion the compensation among the personal representatives, but the total compensation for all personal representatives of an estate must not exceed the maximum compensation allowable under subsections (a) and (b) for an estate with a sole personal representative." Unlike states that add a percentage per extra fiduciary, South Carolina keeps one hard ceiling — the court just decides how to split it.
| Component | South Carolina figure |
|---|---|
| Personal property + real estate actually sold | Up to 5% |
| Income earned during administration | Up to 5% (forfeitable for misconduct/delay) |
| Minimum commission | $50 |
| Multiple personal representatives | One combined cap, apportioned by the court |