What Is South Carolina Probate?

South Carolina Estate Planning | ProbateOur Charleston estate planning attorneys frequently handle South Carolina estate planning matters regarding probate.  South Carolina probate requires taking the original Last Will & Testament (and any other associated estate planning instruments) to the South Carolina probate court and having it accepted as the proper will.  The South Carolina probate court only examines the property or estate assets that passes under the will.  The probate court does not examine property or assets that passe by beneficiary designation or by virtue of the fact that it was jointly owned.  Going through probate is the process of:

  • filing the last will and testament;
  • filing the inventory of the estate assets;
  • filing the accounting of everything that you take in and disburse in settling the estate; and
  • filing the other court papers necessary to properly distribute the estate.

What Does the South Carolina Probate Court Charge?

In South Carolina, each  county has a separate probate court. South Carolina state law set standard South Carolina probate court fees for all probate courts  in all counties across the state.  The responsibility for paying probate costs and fees will generally come from the probate estate, not from the executor, trustee or beneficiaries.  Initial estate expenses incurred by the executor, trustee, beneficiaries or others are generally reimbursed after the probate estate is opened. Simply put, the fee is 15% of 1% on the first $600,000 of estate assets and 25% of 1% on the amount above $600,000. It is important to note that the probate fees are not based on the net value of an estate after calculating debts but rather they are calculated based on the gross value of the estate’s assets. It is also important to recognize that this fee only applies to assets that pass under the Will.

What do you do after you have named the executor of your estate?
You will need a South Carolina probate lawyer to settle the probate forms, tax filings and other situational legal decisions that may not be directly apparent in the general probate process. Our Charleston probate attorneys provide comprehensive South Carolina estate administration services and trust administration services.

Do I Need A South Carolina Attorney?

Yes. You will need a South Carolina probate lawyer to help with probate forms, tax filings and the the legal decision that have to be made and the numerous other legal complexities that to a layperson are not obviously apparent.  We provide comprehensive South Carolina probate estate administration services and trust administration services from the filing of the last will and testament (and any other associated estate planning instruments) through the closing of the estate or trust, and everything in between. Our Charleston estate planning attorneys have substantial experience to help navigate the multitude of South Carolina probate issues, including estate litigation and trust litigation.