Dying without a will in South Carolina: intestate succession & what happens
With no will, South Carolina's intestate succession statute (S.C. Code § 62-2-102) determines who inherits, and the court appoints a personal representative. The small-estate procedure still applies. Kindred handles the administration either way.
- With no will, South Carolina's intestate succession statute (S.C. Code § 62-2-102) determines who inherits, and the court appoints a personal representative. The small-estate procedure still applies. Kindred handles the administration either way.
- South Carolina allows self-representation in probate — Kindred handles the administrative work for a flat fee.
- The court appoints an administrator instead of an executor when there is no will naming one.
- Small-estate simplified procedures may still be available even without a will.
Common questions
Do I need a lawyer for probate in South Carolina?
No — South Carolina's informal probate under the Uniform Probate Code is designed to be handled by the personal representative without an attorney. Kindred handles the administrative work for a flat fee. If a formal or contested proceeding arises, we flag it so you can bring in an attorney of your choosing. Kindred is not a law firm.
How much does probate cost in South Carolina?
No statutory percentage fee — attorneys typically bill $200-$350/hour or a flat fee. Filing fees run about $100-$200. Estates under $25,000 can use a simplified small-estate procedure. These are illustrative figures; actual costs vary by estate.
How long does probate take in South Carolina?
Typically 8 to 13 months. Creditors have 8 months from publication of notice to file claims. An inventory is due within 90 days of appointment. Informal probate avoids hearings for uncontested estates, so the timeline is mostly administrative work.
What is South Carolina's small estate limit?
Estates of $25,000 or less in personal property can be collected through a simplified small-estate procedure — no full probate required. A 30-day waiting period applies after death. Real property generally still requires probate. We can tell you whether your estate qualifies.
Last verified June 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
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