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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationSouth Carolina

Probate in South Carolina

What South Carolina’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in South Carolina.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

Which court has jurisdiction over estates, will contests and who the heirs are

(a) To the full extent permitted by the Constitution, and except as otherwise specifically provided, the probate court has exclusive original jurisdiction over all subject matter related to: (1) estates of decedents, including the contest of wills, construction of wills, determination of property in which the estate of a decedent or a protected person has an interest, and determination of heirs and successors of decedents

South Carolina · general information · checked October 24, 2026 · S.C. Code §62-1-302(a)(1)

The time limit for opening probate or an appointment after a death

(A)(1) No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than ten years after the decedent's death.

South Carolina · general information · checked October 24, 2026 · S.C. Code §62-3-108(A)(1)

The published notice to creditors, and how long it gives them to claim

a personal representative upon his appointment must publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing his appointment and address and notifying creditors of the estate to present their claims within eight months after the date of the first publication of the notice or be forever barred.

South Carolina · general information · checked October 24, 2026 · S.C. Code §62-3-801(a)

The probate court's fee, set by the value of the estate on the inventory

(B) In estate and conservatorship proceedings, the fee shall be based upon the gross value of the decedent's probate estate or the protected person's estate as shown on the inventory and appraisement

Property valuation less than $5,000.00 $25.00

Property valuation of $60,000.00 but less than $100,000.00 $95.00

$95.00 plus .15 percent of the property valuation between $100,000.00 and $600,000.00

South Carolina · general information · checked October 24, 2026 · S.C. Code §8-21-770(B)

What the person holding the will must do, and when the judge publishes notice

(a) After the death of a testator, a person having custody of a will of the testator shall deliver such will, within thirty days of actual notice or knowledge of the testator's death to the judge of the probate court having jurisdiction to admit the same or to a person named as personal representative in the will who shall deliver the will to the judge of the probate court.

if proceedings for the probate are not begun within thirty days the judge shall publish a notice of such delivery and filing

South Carolina · general information · checked October 24, 2026 · S.C. Code §62-2-901(a)

The same page for other states

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FAQ

Common questions

(a) To the full extent permitted by the Constitution, and except as otherwise specifically provided, the probate court has exclusive original jurisdiction over all subject matter related to: (1) estates of decedents, including the contest of wills, construction of wills, determination of property in which the estate of a decedent or a protected person has an interest, and determination of heirs and successors of decedents

South Carolina · general information · checked October 24, 2026 · S.C. Code §62-1-302(a)(1)

(A)(1) No informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, may be commenced more than ten years after the decedent's death.

South Carolina · general information · checked October 24, 2026 · S.C. Code §62-3-108(A)(1)

a personal representative upon his appointment must publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing his appointment and address and notifying creditors of the estate to present their claims within eight months after the date of the first publication of the notice or be forever barred.

unless presented within the earlier of the following: (1) one year after the decedent's death

South Carolina · general information · checked October 24, 2026 · S.C. Code §62-3-803(a)(1)

(B) In estate and conservatorship proceedings, the fee shall be based upon the gross value of the decedent's probate estate or the protected person's estate as shown on the inventory and appraisement

Property valuation less than $5,000.00 $25.00

Property valuation of $60,000.00 but less than $100,000.00 $95.00

$95.00 plus .15 percent of the property valuation between $100,000.00 and $600,000.00

South Carolina · general information · checked October 24, 2026 · S.C. Code §8-21-770(B)

(a) After the death of a testator, a person having custody of a will of the testator shall deliver such will, within thirty days of actual notice or knowledge of the testator's death to the judge of the probate court having jurisdiction to admit the same or to a person named as personal representative in the will who shall deliver the will to the judge of the probate court.

if proceedings for the probate are not begun within thirty days the judge shall publish a notice of such delivery and filing

South Carolina · general information · checked October 24, 2026 · S.C. Code §62-2-901(a)

(a) After the death of a testator, a person having custody of a will of the testator shall deliver such will, within thirty days of actual notice or knowledge of the testator's death to the judge of the probate court having jurisdiction to admit the same or to a person named as personal representative in the will who shall deliver the will to the judge of the probate court.

if proceedings for the probate are not begun within thirty days the judge shall publish a notice of such delivery and filing

South Carolina · general information · checked October 24, 2026 · S.C. Code §62-2-901(a)

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