Probate in South Carolina · 46 counties
South Carolina Probate Courts
Estates here go through the Probate Court (County Probate Court). Pick a county on the map or search below — each record shows where to file and where every detail comes from.
Small-estate limit
$45,000
Wait 30 days
Death taxes
None
No state death tax
Executor fee
≤ ~5%
Capped by statute
Handwritten wills
No
Witnesses required
Plate · SC
Every South Carolina county, on one map
Population, low → high Green = county courthouse mapped in OpenStreetMap Green = probate office details checked on the court's own website courthouse probate office checked
§ I
South Carolina probate rules
- Court
- Probate Court (County Probate Court)In South Carolina, each of the 46 counties has an independent Probate Court presided over by an elected Probate Judge, operating under the South Carolina Probate Code.
- Small estates
- $45,000 entire probate estate less liens (raised from $25,000 by 2025 Act No. 26, eff. May 8, 2025); affidavit collects personal property only and must be approved/countersigned by the probate judgeS.C. Code Ann. § 62-3-1201 (Collection by Affidavit)
- Filing the will
- Custodian must deliver will to the probate judge (or named PR) within 30 days of actual notice or knowledge of death (S.C. Code § 62-2-901)
- Creditor claims
- 8 months after first publication of notice to creditors, but in all cases no later than 1 year after death (whichever is earlier); mailed notice: earlier of 1 year after death or 60 days after noticeS.C. Code Ann. § 62-3-801 & § 62-3-803
- Executor fees
- Statutory ceiling: up to 5% of appraised value of probate personal property plus proceeds of court/will-authorized real property sales, plus up to 5% of estate income; minimum $50; extraordinary services by court approval (S.C. Code § 62-3-719)S.C. Code Ann. § 62-3-719 · calculator
- Estate tax
- NoneSouth Carolina has no state estate tax.
- Inheritance tax
- NoneNo inheritance tax in South Carolina.
- Typical duration
- 8 to 14 months
- Official courts site
- sccourts.orgCase search: South Carolina Judicial Branch Public Index Case Search
Re-checked Sept 2026 against: scstatehouse.gov · scstatehouse.gov
Need help with an estate in South Carolina?
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 South Carolina courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
§ II · Register
All 46 counties
Sorted by population. office checked = probate office address/phone confirmed on the court's own website. courthouse mapped = located in OpenStreetMap.
| # | County | Seat | Population | Record |
|---|---|---|---|---|
| 1 | Greenville County | Greenville | 558,036 | office checked |
| 2 | Richland County | Columbia | 425,138 | courthouse mapped |
| 3 | Charleston County | Charleston | 424,367 | courthouse mapped |
| 4 | Horry County | Conway | 397,478 | courthouse mapped |
| 5 | Spartanburg County | Spartanburg | 356,698 | courthouse mapped |
| 6 | Lexington County | Lexington | 309,528 | courthouse mapped |
| 7 | York County | York | 298,320 | courthouse mapped |
| 8 | Berkeley County | Moncks Corner | 255,217 | courthouse mapped |
| 9 | Anderson County | Anderson | 213,076 | courthouse mapped |
| 10 | Beaufort County | Beaufort | 198,979 | courthouse mapped |
| 11 | Aiken County | Aiken | 177,130 | courthouse mapped |
| 12 | Dorchester County | St. George | 169,833 | courthouse mapped |
| 13 | Florence County | Florence | 137,214 | courthouse mapped |
| 14 | Pickens County | Pickens | 135,495 | courthouse mapped |
| 15 | Lancaster County | Lancaster | 108,215 | courthouse mapped |
| 16 | Sumter County | Sumter | 104,165 | courthouse mapped |
| 17 | Orangeburg County | Orangeburg | 82,820 | courthouse mapped |
| 18 | Oconee County | Walhalla | 81,221 | courthouse mapped |
| 19 | Kershaw County | Camden | 69,905 | courthouse mapped |
| 20 | Greenwood County | Greenwood | 69,460 | courthouse mapped |
| 21 | Laurens County | Laurens | 68,873 | courthouse mapped |
| 22 | Georgetown County | Georgetown | 65,731 | courthouse mapped |
| 23 | Darlington County | Darlington | 62,416 | courthouse mapped |
| 24 | Cherokee County | Gaffney | 56,714 | courthouse mapped |
| 25 | Chesterfield County | Chesterfield | 44,031 | county site |
| 26 | Colleton County | Walterboro | 38,874 | courthouse mapped |
| 27 | Newberry County | Newberry | 38,825 | courthouse mapped |
| 28 | Jasper County | Ridgeland | 33,544 | courthouse mapped |
| 29 | Chester County | Chester | 32,226 | courthouse mapped |
| 30 | Clarendon County | Manning | 31,004 | courthouse mapped |
| 31 | Williamsburg County | Kingstree | 29,891 | courthouse mapped |
| 32 | Marion County | Marion | 28,508 | courthouse mapped |
| 33 | Dillon County | Dillon | 27,698 | courthouse mapped |
| 34 | Edgefield County | Edgefield | 27,607 | county site |
| 35 | Union County | Union | 26,629 | courthouse mapped |
| 36 | Marlboro County | Bennettsville | 25,704 | courthouse mapped |
| 37 | Abbeville County | Abbeville | 24,434 | courthouse mapped |
| 38 | Barnwell County | Barnwell | 20,447 | courthouse mapped |
| 39 | Fairfield County | Winnsboro | 20,422 | county site |
| 40 | Saluda County | Saluda | 19,123 | courthouse mapped |
| 41 | Hampton County | Hampton | 18,122 | courthouse mapped |
| 42 | Lee County | Bishopville | 15,967 | courthouse mapped |
| 43 | Calhoun County | St. Matthews | 14,186 | courthouse mapped |
| 44 | Bamberg County | Bamberg | 12,974 | courthouse mapped |
| 45 | McCormick County | McCormick | 9,941 | courthouse mapped |
| 46 | Allendale County | Allendale | 7,369 | courthouse mapped |
§ III
South Carolina probate questions
What is the small estate affidavit limit in South Carolina?
$45,000 entire probate estate less liens (raised from $25,000 by 2025 Act No. 26, eff. May 8, 2025); affidavit collects personal property only and must be approved/countersigned by the probate judge (S.C. Code Ann. § 62-3-1201 (Collection by Affidavit)). It can be used 30 days after death. Wait 30 days after death. Net personal property under $25,000. Real estate cannot be transferred via small estate affidavit.
How are executor and administrator fees calculated in South Carolina?
Statutory ceiling: up to 5% of appraised value of probate personal property plus proceeds of court/will-authorized real property sales, plus up to 5% of estate income; minimum $50; extraordinary services by court approval (S.C. Code § 62-3-719) (S.C. Code Ann. § 62-3-719). Courts can award more for extraordinary services, such as running a business or litigation.
What is the creditor claim deadline for estates in South Carolina?
8 months after first publication of notice to creditors, but in all cases no later than 1 year after death (whichever is earlier); mailed notice: earlier of 1 year after death or 60 days after notice (S.C. Code Ann. § 62-3-801 & § 62-3-803). Claims filed after the deadline are generally barred.
Does South Carolina recognize handwritten (holographic) wills?
No — witnesses are required. South Carolina does NOT recognize unwitnessed handwritten wills (requires two witnesses).
Does South Carolina have a state estate tax or inheritance tax?
South Carolina has no state estate tax. There is no inheritance tax.