Probating a Will in South Carolina

How Probate Works in South Carolina

Probate in South Carolina is the legal process of administering a deceased person’s estate, ensuring debts are paid, and distributing assets according to the will or state law. The process is overseen by the Probate Court in the county where the deceased resided.

Types of Probate in South Carolina

• Full Probate (Formal Administrative)
  • Required for larger estates or those with disputes.
  • Can take 9 months to over a year to complete.
• Small Estate (Summary Administration)
  • Available if the estate is worth $25,000 or less and contains no real estate.
  • Allows heirs to file an Affidavit for Collection of Personal Property for a quicker process.

How Long Does Probate Take in South Carolina?

• Simple cases: 9–12 months
• Complex cases (disputes, large estates): 1–2 years