You can probate a simple South Carolina estate yourself: the probate court's forms are public, the clerks are helpful, and an estate with a clear will, cooperative heirs, no real estate to sell and no creditor problems is manageable. You should hire a lawyer when the estate owns real estate that must be sold or divided, when heirs disagree, when there is a business or out-of-state property, when a creditor claim is large, or when you are the personal representative and the beneficiaries are already unhappy. Call and we will tell you which yours is—for free, on the phone.
Estates you can usually handle alone
- A small estate that qualifies for the affidavit—a probate estate of $45,000 or less after liens, collected by affidavit (details).
- A surviving spouse inheriting everything under a clear will, with all the accounts already joint or beneficiary-designated.
- An informal estate where the only real asset is a house passing to one heir who is keeping it, and every heir signs waivers.
- Any of the above where the personal representative is organized and follows the eight-month creditor rule (§ 62-3-801) instead of distributing early.
Estates that go wrong without help
- Real estate that must be sold, especially heirs' property with several owners or an old family parcel with title problems.
- A will that treats children unequally, was signed late in life, or was prepared by one child.
- A business, rental property, or anything in another state.
- Creditor claims larger than a few thousand dollars, or a Medicaid estate-recovery claim.
- A beneficiary who is a minor, has a disability, or cannot be found.
- Any estate where a beneficiary has already hired a lawyer.
What the forum answers miss
Two things. First, hiring a probate attorney is not all-or-nothing: we regularly handle just the opening and the inventory, or just the closing, for a flat fee, while the family does the rest. Second, attorney's fees for the estate are paid from the estate, not from the personal representative's pocket. That changes the math for a lot of the people asking in r/Charleston and r/southcarolina.
Where to start if you are doing it yourself
The South Carolina Judicial Branch publishes the probate forms used statewide, and each county court has a self-help page. Read our step-by-step guide first, then the personal representative checklist. If you get stuck, a one-hour consultation is cheaper than unwinding a mistake.
Not sure which kind of estate you have?
Tell us what was owned and who the heirs are. We will say honestly whether you need us.
Written by Tara L. Frost, Attorney at Law · former Dorchester County Magistrate and Associate Probate Judge. Reviewed by Jack C. Frost.
Questions people ask
How much does a probate lawyer cost in South Carolina?
There is no statutory percentage. Most firms, including ours, quote flat fees for uncontested estates and hourly rates with an estimate for contested matters. Fees are paid from the estate.
Can the personal representative hire a lawyer for the estate without the heirs' permission?
Yes. Reasonable attorney's fees are an administration expense, though beneficiaries can object to unreasonable ones at the accounting.
Sources and further reading
Related pages
The probate process
Every step from delivering the will to closing the estate, with the deadlines that matter.
Learn moreSmall estates
The $45,000 affidavit and the summary procedure for small estates.
Learn moreExecutor duties
The personal representative's checklist, deadlines and liabilities.
Learn more