South Carolina Probate Court Fees Schedule — Filing, Bond, and Publication Costs

Most people who walk into a South Carolina Probate Court for the first time have no idea what opening an estate will cost. They know attorneys charge $150 to $400 per hour, but the court's own mandatory fees catch many executors off guard. Before you file a single form, here is exactly what the state requires you to pay.

The Statutory Filing Fee Schedule

South Carolina Code Section 8-21-770(B) sets uniform Probate Court filing fees across all 46 counties. These fees are calculated on the gross value of your probate assets only — life insurance payable to named beneficiaries, jointly held accounts with survivorship rights, and trust assets do not count toward this figure.

An estate with $250,000 in probate assets, for example, owes $95.00 plus 0.15% of $150,000, which equals $95.00 + $225.00 = $320.00. An estate at $750,000 would owe $845.00 plus 0.25% of $150,000 = $845.00 + $375.00 = $1,220.00.

These fees are paid at the time you file Form 300ES (Application for Informal Probate and/or Appointment) and are non-refundable regardless of how the estate ultimately resolves.

The Small Estate Affidavit Filing Fee

If your estate qualifies under the $45,000 small estate threshold established by Act No. 26 in May 2025, you use Form 420ES (Affidavit for Collection of Personal Property) instead of opening a full estate. The filing fee for this affidavit is tiered but capped at $72.50 for estates between $20,000 and $45,000 — substantially less than the cost of formal administration.

This threshold was raised from $25,000 to $45,000 by Act No. 26, effective May 8, 2025. Many outdated resources still cite $25,000, so verify the current statute before assuming your estate requires full probate.

The Mandatory Newspaper Publication Fee

South Carolina law requires the Probate Court to publish a Notice to Creditors in a local newspaper of general circulation, once per week for three consecutive weeks, following the estate's opening. This publication fee is charged to the estate — not the court — and varies by county based on the newspaper's contracted advertising rates.

In rural inland counties, this cost typically runs $85 to $95. In high-circulation coastal markets like Charleston or Myrtle Beach, the fee can exceed $100. The specific county Probate Court confirms the exact publication rate when you open the estate, because the court contracts with local newspapers and the rates are renegotiated periodically.

This three-week publication triggers the eight-month creditor claims window. Creditors have eight months from the date of first publication, or one year from the date of death — whichever comes first — to file a formal claim against the estate.

Surety Bond Costs

A fiduciary bond is not required in every estate. If the decedent's will explicitly waives the bond requirement, or if all beneficiaries agree in writing to waive it, the Probate Court typically does not require one.

However, in intestate estates (where no will exists), or where the will does not address the bond, the court commonly requires the personal representative to post a surety bond before issuing Fiduciary Letters. Bond premiums are set by the surety company, not the court, and are calculated based on the court-approved bond amount — which is typically set at the estimated value of the personal property in the estate, excluding real estate.

Typical premium rates run approximately:

A $75,000 bond, for example, costs roughly $85 for the first $17,000 plus $3.75 per $1,000 for the next $58,000, totaling approximately $302 annually. Bonds renew each year the estate remains open.

One important workaround: if every named beneficiary executes a written waiver of the bond requirement before the court issues Fiduciary Letters, many Probate Judges will waive the bond entirely. This is worth pursuing if the family is cooperative, since bond premiums are an avoidable estate expense.

Other Costs to Budget For

Beyond the court filing fee, publication charge, and bond, expect these additional expenses during administration:

Death certificates. The South Carolina Department of Public Health charges a $12 standard search fee or $17 for expedited processing, plus $3 per certified copy requested at the same time. Order at least six to eight certified copies upfront — banks, brokerages, the DMV, and the Probate Court each require originals.

Recording a Deed of Distribution. When you transfer real estate out of the estate, you record a Deed of Distribution at the county Register of Deeds. The baseline recording fee is approximately $15, though counties with higher page counts may charge slightly more.

Deed transfer tax exemption. Under South Carolina Code Section 12-24-40, Deeds of Distribution are exempt from the state's normal deed transfer tax. To claim this exemption, you must attach an Affidavit of Exemption when presenting the deed for recording.

Property tax reassessment. When inherited real estate transfers to a new owner, the county Assessor may reappraise it at current fair market value — which can increase annual property taxes significantly. Beneficiaries who do not occupy the home as a primary residence should also expect the assessment ratio to shift from 4% to 6%. See South Carolina Code Section 12-37-3135 for a partial exemption available for non-owner-occupied inherited property, if applied for by January 31 of the applicable tax year.

Keeping Costs Under Control

The single largest variable cost in any South Carolina estate is professional fees — attorney retainers and CPA fees. For straightforward uncontested estates, most fiduciary duties are administrative rather than legal: gathering documents, filing standardized forms on prescribed deadlines, publishing the creditor notice, and recording a deed.

Understanding the exact fee schedule upfront lets you evaluate whether the estate needs professional representation or whether a step-by-step guide can carry you through the process. The South Carolina Probate Process Guide at /us/south-carolina/probate/ walks through every form, deadline, and cost checkpoint in chronological order — so you know exactly what you're paying before you file.

Bottom Line on Costs

For a modest estate worth $150,000 in probate assets, plan for:

• Court filing fee: approximately $170
• Newspaper publication: $85–$110
• Death certificates: $40–$60 for six copies
• Deed recording: $15–$25

The mandatory minimum cash outlay for a simple estate is usually under $400. Attorney retainers, if required, are a separate and far larger line item — one the fee schedule above helps you decide whether you can avoid.

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