Quick answer: the most common mistake is never recording a new deed into the trust's name for real estate. It's still the family's own responsibility, and skipping it means that property goes through full South Carolina probate regardless of the trust. See how the numbers change in the South Carolina probate vs living trust calculator.
Signing ≠ funding
1. Real estate deed never recorded — the #1 mistake
Moving real estate into a trust requires a new deed, signed and recorded with the county's land records office, naming the trust as owner. This is the step most often skipped. Left undone, that property remains a probate asset — subject to the personal representative commission and South Carolina's earlier-of-two-deadlines creditor claim period under § 62-3-803, regardless of the trust document sitting in a drawer.
2. Financial accounts left titled individually
Bank and brokerage accounts don't join a trust automatically. Each one has to be retitled into the trust's name, or the institution needs a copy of the trust document plus a change-of-ownership form. Accounts opened after the trust was created are especially easy to forget.
3. Assets acquired after the trust was created
A trust only holds what's actually been transferred into it. A car, account, or property acquired afterward stays outside the trust unless someone deliberately adds it — which is why periodic review matters as much as the initial funding.
4. Treating the small estate procedure as a safety net
South Carolina's small estate procedure — total assets of $45,000 or less — is a genuine shortcut for modest, unfunded assets. It is not a backstop for a house or a sizeable account left outside the trust by mistake; those amounts sit well above the threshold and require full probate regardless of the unused trust document.
A local probate attorney can review your estate — many offer a free consultation.