Estate Planning Guide
Estate Planning in South Carolina: A Complete Guide
Here's what surprises most South Carolina residents when they first sit down with an estate attorney — the rules here aren't what most people expect. South Carolina has no state estate tax and follows the Uniform Probate Code, making it one of the more accessible states for estate planning. South Carolina's coastal real estate — especially in the Lowcountry — has appreciated dramatically.
South Carolina Probate
South Carolina probate follows the Uniform Probate Code and is handled by the Probate Court in each county. The process typically takes 6-12 months. South Carolina's relatively friendly probate environment means many smaller estates can be handled without a trust.
South Carolina Estate Tax
South Carolina has no state estate tax. Federal estate tax applies to estates over $13.61 million (2024). South Carolina eliminated its state inheritance tax in 1991.
Key facts for South Carolina residents
These are the things that genuinely matter when you're building an estate plan in South Carolina — the details that affect your family directly.
- 1
No South Carolina state estate tax (federal estate tax applies above $13.61M)
- 2
Uniform Probate Code — streamlined probate process
- 3
Small estate affidavit available for estates under $25,000
- 4
South Carolina allows transfer-on-death deeds for real property
- 5
Homestead exemption: up to $50,000 for individuals 65 or older
What makes South Carolina different
Every state has quirks that can trip you up. These are the considerations that are specific to South Carolina— and the ones most people don't find out about until it's too late.
Hilton Head, Pawleys Island, and Charleston waterfront property have appreciated dramatically
South Carolina Medicaid estate recovery applies to real property
Agricultural land succession important for rural Lowcountry families
TOD deeds allow coastal property to pass outside probate
South Carolina has a relatively accessible and affordable probate process
Documents most used in South Carolina
These are the documents South Carolina families rely on most. Having them in place gives your family clarity and protects your wishes.
Last Will and Testament
Transfer-on-Death Deed
Healthcare Power of Attorney
Living Will
Durable Power of Attorney
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Frequently asked questions about estate planning in South Carolina
Does South Carolina have a state estate tax?
No — South Carolina has no state estate tax. The federal estate tax applies only to estates exceeding $13.61 million (2024). South Carolina also has no state inheritance tax.
How does South Carolina probate work?
South Carolina probate is handled through Probate Court in each county. South Carolina has a relatively streamlined process — informal administration is available for most estates. Small estates under $25,000 can use a simplified affidavit procedure.
What are South Carolina's laws on special needs trusts?
South Carolina allows special needs trusts (supplemental needs trusts) to hold assets for disabled beneficiaries without disqualifying them from Medicaid and SSI benefits. These are essential planning tools for families with disabled children or family members.
What are the unique estate planning considerations for South Carolina coastal property?
South Carolina's coastal properties (Hilton Head, Myrtle Beach, Charleston area) have appreciated significantly. Beach property in trusts can provide clear succession without probate. Flood insurance and environmental considerations should also be documented in your estate plan.
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Important disclaimer
This content is for general informational purposes only and does not constitute legal, tax, or financial advice. It was created with the assistance of AI and may contain inaccuracies. State laws change frequently — always consult a qualified attorney or financial advisor in South Carolina before making estate planning decisions.