Probate cost in South Carolina
In South Carolina, estates up to $45,000 can often skip full probate. For a $300,000 estate, the court fee is $395.
South Carolina's small estate limit is $45,000. Above it, the estate usually goes through probate.
- Court fee to open probate source$395
- Attorney fee sourceNo legal schedule: set by agreement or the courtset by agreement
- Executor fee sourceLegal maximum: the real fee can be lower$15,000
Probate totalup to $15,395+
The total leaves out the costs shown without a number.
- Quicken WillMaker & Trust Plus sourceOne-time price for one person$149
- Yearly feeoptional yearly renewal$40
- Moving a home into the trustSet by your county recordercounty recording fee
Trust total$149+
Assets left outside the trust can still need probate.
Probate cost by estate size
| Estate value | Court fee | Attorney (law) | Executor (law) | Total |
|---|---|---|---|---|
| $100,000 | $95 | not set by law | $5,000 | up to $5,095+ |
| $250,000 | $320 | not set by law | $12,500 | up to $12,820+ |
| $500,000 | $695 | not set by law | $25,000 | up to $25,695+ |
| $1,000,000 | $1,845 | not set by law | $50,000 | up to $51,845+ |
"Not set by law" means the fee is agreed with the lawyer or set by the court, so it is not in the total. Use your own numbers.
The rules in South Carolina
- Small estate limit: $45,000 (Collection of personal property by affidavit (S.C. Code 62-3-1201)). Does not cover real estate. Heirs wait 30 days after the death. Limit is the entire probate estate (will plus intestacy), wherever located, less liens. The probate judge must approve and countersign the affidavit. Raised from $25,000 to $45,000 by 2025 Act No. 26 (H.3472), effective May 8, 2025. Not indexed. Source
- Simplified probate: Small estates summary administrative procedure (S.C. Code 62-3-1203), up to $45,000. Source
- Court fee: $395 for a $300,000 estate. S.C. Code 8-21-770(B): fee set by gross probate estate value on the inventory. Under $5,000: $25. $5,000 to under $20,000: $45. $20,000 to under $60,000: $67.50. $60,000 to under $100,000: $95. $100,000 to under $600,000: $95 plus 0.15% of value over $100,000. $600,000 and up: the $100,000-$600,000 amount plus 0.25% of value over $600,000. $300,000 estate: $95 + $300 = $395. Paid at filing, adjusted at final settlement. Creditor notice publication is extra. Bands encode the same schedule as fee + rate x value ($95 + 0.15% over $100,000 = -$55 + 0.15% of value; $845 + 0.25% over $600,000 = -$655 + 0.25% of value). Schedule taken from the raw pass; 8-21-770 was not re-read in the verification pass. Source
- Attorney fee: No legal schedule: set by agreement or the court. No schedule. S.C. Code 62-3-721(a): the court may review the reasonableness of the pay of any attorney the PR employs and order refunds of excess. 62-3-720 allows reasonable attorneys' fees in good-faith estate litigation. Source
- Executor fee: Legal maximum: the real fee can be lower. S.C. Code 62-3-719(a): 'not to exceed five percent' of the base, so this is a cap. Minimum commission $50. Up to 5% of estate income may be added (62-3-719(b)). Court may approve more for extraordinary services. Does not apply if a contract or the will sets the pay. Multiple PRs share one cap (62-3-719(e)). Source
Some South Carolina rules could not be checked on a current official page. Each rule links to the source we used. Confirm with the court or a lawyer before you rely on it.
General information from official state sources, not legal advice.