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South Carolina Real Estate Sale: Costs & Commission Explained

The 5% cap only ever sees the house if it's actually sold — and there's a second, separate fee on income the estate earns along the way.

S.C. Code §62-3-719, 62-3-720

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: the ordinary 5-6% realtor commission applies as usual, plus a personal representative commission capped at 5% — but only on sale proceeds, plus a separate up-to-5% fee on income the estate earns. See how this plays out for your own numbers in the South Carolina probate real estate sale calculator.

Sale proceeds only, never appraised value alone

Straight from §62-3-719(a): real property enters the commission base only at its sale proceeds, and only when the sale was directed or authorized by the will or a court order — property distributed in kind to the heirs, never sold, contributes nothing to that calculation.

A second, separate fee on income

Beyond the property-and-sale-proceeds commission, subsection (b) allows up to another 5% of the income the estate earns during administration — a distinct calculation from the property commission entirely.

More than 5% is possible for real work

The court can approve compensation above the 5% cap for extraordinary services — the statute's opening clause leaves room for that when the estate's actual demands justify it.

The attorney's fee runs on a completely different rule

Unlike states that tie the estate's attorney to the same percentage schedule as the personal representative, South Carolina's attorney compensation falls under §62-3-720 — a reasonable-fee standard for good-faith litigation or defense of the estate, with no percentage table at all.

Facing probate in South Carolina?

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

Talk to a South Carolina attorney

The §62-3-719 fee structure applies the same way whether the estate is administered in Greenville, Charleston, or any other South Carolina county.

Sale costs and commission — frequently asked questions

Why doesn't South Carolina's 5% cap apply to all real estate the same way?

Because §62-3-719(a) only brings real property into the commission base at its sale proceeds, and only when the sale was directed or authorized by the will or a court order — real property simply distributed to heirs never enters that calculation.

Is there a fee beyond the 5% cap on property and sale proceeds?

Yes — subsection (b) allows up to another 5% of income the estate earns during administration, calculated separately from the property-and-proceeds commission.

Can the personal representative ever collect more than 5%?

Yes — the court can approve compensation above 5% for extraordinary services, under the same section's opening clause.

How is the estate's attorney paid, compared to the personal representative?

Separately, and differently — attorney compensation falls under §62-3-720, a reasonable-fee standard for good-faith litigation or defense of the estate, with no percentage table tying it to the personal representative's §62-3-719 schedule.

Keep going

South Carolina Probate Real Estate Sale CalculatorYour estimate, based on your answers Court Approval to Sell in South CarolinaPower of sale vs. the court petition process Capital Gains Tax on the Sale in South CarolinaThe 44% long-term exclusion South Carolina Executor Fee CalculatorThe full §62-3-719 schedule

This page provides general guidance only and is not legal, tax, or financial advice. Based on S.C. Code §62-3-719, 62-3-720. Confirm current figures with a licensed South Carolina attorney or real estate professional before acting.