SC · State estate & inheritance tax
South Carolina estate tax, inheritance tax & probate costs
Exemptions, rates, and probate costs for South Carolina (SC), current as of IRS SOI state filings 2021-2023 | federal exemption 2026 | Tax Foundation 2024 state survey - in plain language, from IRS Statistics of Income data and South Carolina fee schedules.
Data updated 2026-08-06
- State estate tax · No state exemption needed
- None
- Federal exemption applies
- $15M
- Inheritance tax · Most states have none
- None
- Typical probate timeline · Slower than most states
- 9–18 mo
The verdict
South Carolina levies neither a state estate tax nor an inheritance tax, and probate typically takes about 14 months, putting it in the 76th percentile of 51 for estate-friendliness, among the friendlier states for estate planning.
- 76th
- Estate-friendliness percentile of 51
- 3.6/5
- Estate-friendliness score
- 9/100
- Probate Burden Score (F)
- 13
- States with a state-level estate tax
Estate-friendliness blends tax presence, probate cost and timeline into one composite score. South Carolina ranks ahead of 38 of the other 50 states on that composite. On maximum probate filing fee alone, South Carolina sits #43 of 51 (lowest fee = #1).
Based on this state's own probate-cost record -- filing fee, timeline, executor fee, and attorney fee -- each benchmarked against every tracked state (50 states + DC). Not a measure of estate-tax or inheritance-tax burden, which are shown separately above.
Estate tax docket plate
Sheet SC · South Carolina federal only
TAX-FREE · FED-ONLY · RATE-NONE · PORT-NA · FEE-STEEP · UPC
- TAX-FREE No state death tax
- FED-ONLY Federal only
- RATE-NONE No state rate
- PORT-NA Portability n/a
- FEE-STEEP Max $500
- UPC UPC adopted
Nearest probate fee peer: Alabama (+ $0)
Instrument codes from this state’s levy posture, federal-exemption gap, rate shape, portability, probate filing-fee tier, and UPC adoption, not a planning recommendation.
South Carolina standing among the no-estate-tax majority
- South Carolina is among the 38 of 51 surveyed jurisdictions with no state estate tax.
- Maximum probate filing fee $500 is above the corpus upper third (> $450) · corpus #43 of 51 (lowest max fee = #1).
- On tax-burden friendliness alone, South Carolina ranks ahead of 18 other states in this extract.
Probate-fee neighbourhood around South Carolina
Lowest/highest poles plus states nearest South Carolina on maximum probate filing fee. Full ladder: /rankings/lowest-probate-costs/.
State Estate Tax
Only federal estate tax applies (a permanent $15M exemption per person, 2026)
Inheritance Tax
Beneficiaries owe no state inheritance tax in South Carolina
Probate Costs
Summary proceeding for small estates under $25,000
Probate Code
South Carolina adopted the Uniform Probate Code in 1987.
Property System
South Carolina follows common-law (separate property) rules.
Federal estate-tax returns filed - South Carolina
Returns filed by state residents, by IRS filing year
South Carolina probate timeline
Months from filing to distribution, minimum, typical, and maximum
South Carolina's probate timeline vs. every US state
Upper-bound probate duration (18 mo) across all 51 states
18 Longer than most longer than 61% of 51 states
every US state, bucketed by value
Each bar is a band; taller bars hold more states. The dashed line + filled bar mark this entry. Hover or tap any bar for its full count and share, and where it sits relative to this entry.
Source PlainEstate probate-timeline dataset, all 51 states · current
Cost vs. speed, all 51 states
Where South Carolina lands on cost and speed together
Each dot is a state, plotted by its maximum court filing fee (x) against its upper-bound probate timeline (y). States that adopted the Uniform Probate Code average $344 and 13.6 months to probate; states that haven't average $457 and 15 months. Streamlining the legal process correlates with a cheaper court-fee schedule too, not just a faster one.
View all 51 states as a list
- Colorado : $164 max filing fee, 12 mo probate timeline (UPC-adopted)
- Alaska : $200 max filing fee, 12 mo probate timeline (UPC-adopted)
- Connecticut : $200 max filing fee, 18 mo probate timeline (non-UPC)
- Idaho : $200 max filing fee, 12 mo probate timeline (UPC-adopted)
- Indiana : $200 max filing fee, 12 mo probate timeline (UPC-adopted)
- Montana : $200 max filing fee, 12 mo probate timeline (UPC-adopted)
- Nebraska : $200 max filing fee, 12 mo probate timeline (UPC-adopted)
- North Dakota : $200 max filing fee, 12 mo probate timeline (UPC-adopted)
- Maine : $250 max filing fee, 12 mo probate timeline (UPC-adopted)
- Wisconsin : $250 max filing fee, 12 mo probate timeline (non-UPC)
- Arkansas : $300 max filing fee, 18 mo probate timeline (non-UPC)
- District of Columbia : $300 max filing fee, 18 mo probate timeline (non-UPC)
- Georgia : $300 max filing fee, 12 mo probate timeline (non-UPC)
- Hawaii : $300 max filing fee, 18 mo probate timeline (UPC-adopted)
- Kansas : $300 max filing fee, 12 mo probate timeline (non-UPC)
- Kentucky : $300 max filing fee, 12 mo probate timeline (non-UPC)
- Mississippi : $300 max filing fee, 12 mo probate timeline (non-UPC)
- New Hampshire : $300 max filing fee, 12 mo probate timeline (non-UPC)
- New Mexico : $300 max filing fee, 12 mo probate timeline (UPC-adopted)
- South Dakota : $300 max filing fee, 12 mo probate timeline (UPC-adopted)
- West Virginia : $300 max filing fee, 12 mo probate timeline (non-UPC)
- Wyoming : $300 max filing fee, 12 mo probate timeline (non-UPC)
- Utah : $350 max filing fee, 12 mo probate timeline (UPC-adopted)
- Arizona : $380 max filing fee, 12 mo probate timeline (UPC-adopted)
- Florida : $400 max filing fee, 18 mo probate timeline (UPC-adopted)
- Louisiana : $400 max filing fee, 18 mo probate timeline (non-UPC)
- Missouri : $400 max filing fee, 12 mo probate timeline (non-UPC)
- Oklahoma : $400 max filing fee, 18 mo probate timeline (non-UPC)
- Rhode Island : $400 max filing fee, 18 mo probate timeline (non-UPC)
- Texas : $400 max filing fee, 12 mo probate timeline (non-UPC)
- Virginia : $400 max filing fee, 12 mo probate timeline (non-UPC)
- Washington : $400 max filing fee, 12 mo probate timeline (non-UPC)
- California : $435 max filing fee, 18 mo probate timeline (non-UPC)
- Iowa : $450 max filing fee, 18 mo probate timeline (non-UPC)
- Vermont : $450 max filing fee, 12 mo probate timeline (non-UPC)
- Alabama : $500 max filing fee, 12 mo probate timeline (non-UPC)
- Delaware : $500 max filing fee, 12 mo probate timeline (non-UPC)
- Illinois : $500 max filing fee, 18 mo probate timeline (non-UPC)
- Nevada : $500 max filing fee, 12 mo probate timeline (non-UPC)
- New Jersey : $500 max filing fee, 18 mo probate timeline (UPC-adopted)
- Ohio : $500 max filing fee, 18 mo probate timeline (non-UPC)
- Oregon : $500 max filing fee, 12 mo probate timeline (non-UPC)
- South Carolina (highlighted above) : $500 max filing fee, 18 mo probate timeline (UPC-adopted)
- Tennessee : $500 max filing fee, 18 mo probate timeline (non-UPC)
- Michigan : $600 max filing fee, 12 mo probate timeline (UPC-adopted)
- Minnesota : $600 max filing fee, 12 mo probate timeline (UPC-adopted)
- North Carolina : $600 max filing fee, 18 mo probate timeline (non-UPC)
- Pennsylvania : $700 max filing fee, 18 mo probate timeline (UPC-adopted)
- Maryland : $1,000 max filing fee, 18 mo probate timeline (non-UPC)
- Massachusetts : $1,000 max filing fee, 18 mo probate timeline (non-UPC)
- New York : $1,250 max filing fee, 24 mo probate timeline (non-UPC)
Federal Estate Tax Filings - South Carolina
IRS Statistics of Income data showing estate tax returns filed by South Carolina residents.
What changed: reported federal estate-tax returns decreased by 10 from 97 in 2022 to 87 in 2023. This compares adjacent IRS filing-year releases; it does not describe a change in state tax law.
| Filing Year | Returns Filed | Gross Estate | Net Tax Paid | State Death Tax |
|---|---|---|---|---|
| 2023 | 87 | $2.0B | $0.1B | - |
| 2022 | 97 | $2.5B | $0.1B | - |
| 2021 | 46 | $0.9B | $0.0B | - |
Source: IRS Statistics of Income - Estate Tax Returns Filed (Table 2, by State of Residence). Dollar amounts in thousands. State rate / exemption tables compiled from Tax Foundation 2024 Estate & Inheritance Tax Survey.
South Carolina no-levy shape: NO-STATE-LEVY·HIGH-FEE·SOI-MID
South Carolina has no state estate tax, but probate filing lands in the corpus upper third, cost pressure is procedural, not a state death tax. IRS SOI prints 87 federal returns here in the latest year, a mid-band SOI footprint. South Carolina's common-law property rules keep each spouse's individually titled assets separate, so how property is titled still determines what passes through probate here.
IRS Statistics of Income data show 87 federal estate tax returns filed by South Carolina residents in filing year 2023, reporting $1.99 billion in combined gross estate value. Net federal estate tax paid totaled $0.12 billion that year. Multi-year SOI average: roughly 77 taxable filings/year. Effective federal rate on reported gross estates ≈ 5.1%.
Probate clock 9–18 mo · max filing $500 · corpus #43 of 51 · statutory attorney ≈ 5% · UPC 1987 · common law · small-estate track under $25,000.
States with similar estate-tax and probate profiles to South Carolina
Similar probate filing fee
Nearest states by maximum probate filing fee ($500 here).
Similar probate timeline
Nearest states by upper-bound probate duration (18 mo here).
South Carolina Estate Tax FAQs
Does South Carolina have an estate tax?
No. South Carolina does not have a state estate tax. Only the federal estate tax applies (a permanent $15M exemption per person from 2026). This makes South Carolina more favorable for estate planning compared to the 13 states that do impose a state estate tax. Probate attorney fees here follow a steep statutory schedule, on top of higher-than-average court filing fees.
Does South Carolina have an inheritance tax?
No. South Carolina does not impose a state inheritance tax on beneficiaries. Unlike an estate tax (paid by the estate), an inheritance tax is paid by the person receiving the assets. Only six states currently levy this tax. South Carolina has adopted the Uniform Probate Code (since 1987), which standardizes procedures statewide.
How long does probate take in South Carolina?
Probate in South Carolina typically takes 9 to 18 months. Estates under $25,000 may qualify for a simplified small estate procedure, which is significantly faster.
How much does probate cost in South Carolina?
Court filing fees in South Carolina range from $25 to $500. Attorney fees are typically 5% of the estate value (statutory).
Where does South Carolina sit among states on probate filing fees?
According to PlainEstate's compiled state court fee schedules, South Carolina ranks #43 of 51 surveyed states by maximum probate filing fee (lowest max fee = #1). That ordinal matches the /rankings/lowest-probate-costs listing. See /methodology/#corpus-placement for the exact sort basis.
Is South Carolina's probate timeline shorter or longer than most states?
South Carolina's upper-bound probate estimate of 18 months is shorter than 2% of the 51 states PlainEstate tracks (31 states have a shorter estimate, 1 have a longer one). A shorter upper bound means less exposure to worst-case delays, not a guarantee every estate closes that fast.
Can you avoid probate in South Carolina?
Yes. Common probate avoidance strategies in South Carolina include revocable living trusts, transfer-on-death (TOD) deeds for real estate, payable-on-death (POD) accounts for bank and investment accounts, and joint ownership with right of survivorship. South Carolina also offers a simplified process for small estates under $25,000.
What happened to the 2026 federal estate tax sunset, and how does it affect South Carolina residents?
The TCJA provisions were scheduled to sunset after December 31, 2025, which would have cut the federal exemption from $13,990,000 to roughly $7,000,000 per person. The One Big Beautiful Bill Act (Pub. L. 119-21), signed July 4, 2025, repealed that sunset and set a permanent $15,000,000 per-individual exemption effective January 1, 2026, indexed for inflation. Because South Carolina has no state estate tax, only the federal exemption applies, and the permanent $15,000,000 threshold means very few South Carolina estates owe federal estate tax.
How probate runs when South Carolina adds no state estate tax: probate process guide. Compare thresholds on the state rankings or the estate tax calculator.
Notice a figure that looks out of date, such as a state changing its exemption or rate? Report it via the contact page and we'll verify it against the source and correct it, per our editorial policy.
Disclaimer: This information is provided for general informational purposes only and does not constitute legal or tax advice. Consult a qualified estate-planning attorney or tax professional before making decisions based on this data.
Read our methodology - how this data is sourced, computed, and verified.
What to do with South Carolina's numbers
Every state page here answers one question: what does the tax layer look like. These are the next steps.
- South Carolina levies no state estate tax, but the federal exemption still applies above the federal threshold; the federal history page tracks how that threshold has moved. Federal exemption history
- A documented plan (will, trust, beneficiary designations) determines who actually inherits, regardless of which state or federal tax layer applies. Estate planning basics
- Full corpus context: see the current gift-tax exclusion and lifetime exemption that interact with any state-level threshold. Gift tax explained
Figures are compiled from IRS Statistics of Income and state statutes; verify current thresholds with a qualified attorney before acting.