South Carolina Co-Personal Representatives: How Is the Fee Split?

One hard ceiling for the whole estate, however many personal representatives are serving — the court just decides how to divide it.

S.C. Code § 62-3-719(e) FigureMyTax Editorial Team

Quick answer: No, South Carolina co-personal representatives don't each collect a separate 5% commission. S.C. Code § 62-3-719(e) is explicit: "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." One hard ceiling, apportioned among however many people are serving — at the court's discretion. Estimate the underlying ceiling first with the South Carolina executor fee calculator.

The rule: one ceiling, apportioned by the court

S.C. Code § 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." This is a genuinely hard cap — unlike states that grow the pool with each additional fiduciary, South Carolina keeps the ceiling fixed and lets the court decide the split.

The court has real discretion over the split

The statute doesn't mandate an equal division — it leaves the apportionment to the court's discretion. In practice, a court could reasonably weigh how much work each co-personal representative actually performed, similar to how courts in other "reasonable compensation" states assess individual contribution, even though South Carolina's underlying commission is a percentage ceiling rather than an open-ended reasonableness standard.

Misconduct likely affects the individual, not the group

§ 62-3-719(b): the income-commission forfeiture applies where "a personal representative has acted unreasonably... or unreasonable delay has been encountered" — language tied to a specific person's conduct. Applied to co-personal representatives, this points toward assessing each individual's own actions, rather than one person's misconduct automatically stripping a co-personal representative who wasn't responsible for it.

Why this differs from other states

South Carolina's single-ceiling model is genuinely different from New Jersey's additive +1%-per-fiduciary approach, and from Florida's or New York's per-person full-commission models for larger estates. Here, adding a second or third personal representative doesn't grow the total the estate pays — it only changes how the court divides the same maximum.

Worked example

Two siblings serve as co-personal representatives of a South Carolina estate with $500,000 in personal property, producing a $25,000 ceiling under § 62-3-719(a) for a sole personal representative.

ApproachSibling ASibling BTotal
Court apportions equally$12,500$12,500$25,000
Court apportions by actual work (A did more)$18,750$6,250$25,000

The total stays capped at $25,000 in both scenarios — the same ceiling a sole personal representative would have received — only the division between the two co-personal representatives changes.

Facing probate in South Carolina?

A local probate attorney can review your estate — many offer a free consultation.

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South Carolina co-personal representatives — frequently asked questions

Do South Carolina co-personal representatives each get their own 5% commission?

No. Under S.C. Code § 62-3-719(e), the total compensation for all personal representatives combined must not exceed the maximum a sole personal representative would have received — the court apportions that single ceiling among them.

Who decides how the compensation is split among South Carolina co-personal representatives?

The court, in its discretion. Section 62-3-719(e) gives the probate court authority to apportion the compensation among the personal representatives as it sees fit, within the single combined cap.

Does the misconduct exception under South Carolina 62-3-719(b) apply to just one co-personal representative or all of them?

The statute ties the income-commission forfeiture to whether a personal representative acted unreasonably or caused unreasonable delay, which points to conduct assessed at the individual level rather than automatically extending to a co-personal representative who did not engage in that conduct.

Does South Carolina's rule differ from states that add a percentage per co-executor?

Yes. South Carolina's single-ceiling model differs from New Jersey's additive +1%-per-fiduciary approach and from Florida's or New York's per-person full-commission models — adding a co-personal representative in South Carolina doesn't grow the total the estate pays.

Can South Carolina co-personal representatives be apportioned unequal shares?

Yes. The statute doesn't mandate an equal division — the court can reasonably weigh how much work each co-personal representative actually performed when apportioning the single combined cap.

Estimate for general guidance only, not legal advice. Based on S.C. Code § 62-3-719(e). The combined cap for co-personal representatives equals the sole-fiduciary maximum under §§ (a) and (b); the court has discretion over how to apportion it. Consult a South Carolina probate attorney to resolve a specific dispute over compensation between co-personal representatives.