South Carolina probate is handled by the Probate Court in each of the state's 46 counties, based on where the deceased was domiciled. For a typical, uncontested estate, expect the process to take about 8 to 12 months from filing to closing; more complex estates can take 12 to 24 months or longer. The personal representative must notify heirs within 30 days of appointment and file a full inventory of estate assets within 90 days. Creditors then have 8 months from the first published Notice to Creditors to file claims — a deadline that typically sets the earliest date an estate can close. Court filing fees generally run from about $50 to $1,200 depending on the estate's value and county, and personal representatives may be entitled to compensation of up to 5% of the estate under South Carolina law.

Not every estate has to go through the full probate process. If the gross value of the estate is $45,000 or less (for deaths after May 2025) and doesn't include real estate, South Carolina allows heirs to use a small estate affidavit instead — a simpler filing that can transfer the deceased's assets after a mandatory 30-day waiting period. Jointly held accounts, life insurance proceeds, and retirement accounts with a named beneficiary generally pass outside of probate entirely and aren't counted toward that $45,000 threshold. If you're unsure whether a specific estate qualifies, that's exactly the kind of question our probate attorneys answer during a free case evaluation — before any fees or commitments.