How Probate Works After a Death in South Carolina

South Carolina recently made its small estate process meaningfully more useful, alongside the state’s broader adoption of the Uniform Probate Code.

Where is probate handled in South Carolina?

Probate is handled through the Probate Court in the county where the deceased lived, with South Carolina’s adoption of the Uniform Probate Code allowing an informal process for many uncontested estates.

What is the current small estate affidavit threshold?

South Carolina’s small estate threshold increased from $25,000 to $45,000, effective May 8, 2025 under Act No. 26 (H.3472). The prior $25,000 figure had been in place for years without keeping pace with inflation, so this represents a genuinely meaningful expansion in eligibility. At least 30 days must pass since the date of death before the affidavit can be filed. See our companion piece explaining this process in more depth.

Does the small estate process cover real estate?

No - it covers personal property only. Real estate requires full probate to transfer, regardless of the estate’s overall value.

Does South Carolina have a state estate or inheritance tax?

No - South Carolina has no state estate or inheritance tax.

What should I do next?

Check the estate’s personal property total against the new $45,000 threshold before assuming full probate is necessary - many estates that wouldn’t have qualified before May 2025 now do. If real estate is involved, plan for full probate on that specific property regardless of everything else.

Add this to your Final Day Plan: a rough total of your personal property’s value - it’s the figure your family needs to check against South Carolina’s newly raised $45,000 threshold.

South Carolina law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult a South Carolina-licensed attorney for guidance specific to your situation.