Quick answer: South Carolina caps personal representative compensation at S.C. Code § 62-3-719(a): not more than 5% of the appraised value of the probate estate's personal property, plus the sale proceeds of any real property actually sold under a will directive or court order. Real estate distributed in kind, not sold, contributes nothing to this base. A separate § 62-3-719(b) allows up to another 5% on income earned during administration. Get an illustrative estimate with the South Carolina executor fee calculator.
A flat 5% ceiling, not tiered
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." Unlike states with a declining-rate tiered schedule, South Carolina applies one flat 5% rate up to this ceiling. The minimum commission is $50, regardless of estate size.
Real estate only counts if it's actually sold
This is the detail most easily missed: real property the personal representative simply distributes to the heirs — never sells — doesn't add anything to the 5% base. Only the sale proceeds of real estate actually sold under a will directive or proper court order count, and property the personal representative buys for themselves is specifically excluded from the calculation.
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 in which he acts as fiduciary. 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 is a real, specific consequence tied to the income commission alone — a probate judge can deny this piece entirely for unreasonable conduct or delay.
When the statute doesn't apply
§ 62-3-719(c): this section doesn't govern "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 alongside the more familiar contract and will exceptions.
Multiple personal representatives share one ceiling
§ 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." One hard cap, split by the court — not a per-person addition.
Worked examples
| Personal property value | 5% ceiling |
|---|
| $100,000 | $5,000 |
| $500,000 | $25,000 |
| $1,000,000 | $50,000 |
Each figure is a flat 5% of the stated value, with a $50 minimum on very small estates. Add any real estate actually sold and any income earned, and model your own estate in the calculator.
Estimate for general guidance only, not legal advice. Based on S.C. Code ยง 62-3-719. Figures are statutory maximums, not guaranteed amounts - the probate court has final say over what's actually paid. Verify with the probate court or a licensed South Carolina attorney.