South Carolina probate leads and inheritance data, by county.

Where probate records appear

Probate Court No statewide probate search. The judiciary's Case Records Search covers circuit and magistrate courts and some municipal courts across all 46 counties, and explicitly excludes probate court records, which are held by each county probate court

Probate court records in every state

Ways property can avoid ordinary probate

South Carolina has no transfer on death deed for real property. S.49 of the 2025-2026 session would have created one by adding S.C. Code 27-1-80, but it was read a first time on January 14, 2025 and referred to the Committee on Judiciary and was never enacted, so no section 27-1-80 exists. Real property stays out of probate through a revocable living trust or joint tenancy with right of survivorship; the small estate affidavit under 62-3-1201 reaches personal property only, and real property otherwise passes by a deed of distribution from the personal representative.

Small-estate route

$45,000, raised from $25,000 by 2025 Act No. 26 (H.3472), effective May 8, 2025. Collection of personal property by affidavit is available 30 days after death where the value of the entire probate estate, wherever located, less liens and encumbrances, does not exceed that amount; the affidavit must be countersigned by the probate judge of the county of domicile and filed with that court (S.C. Code 62-3-1201). The same $45,000 figure governs summary administration and closing by sworn statement (62-3-1203, 62-3-1204) and the surviving spouse's exempt property (62-2-401). The affidavit reaches tangible personal property and instruments evidencing a debt, obligation, stock or chose in action, not real property.

Timing investors should understand

On appointment the personal representative must publish notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county, and creditors have eight months from the date of first publication or are forever barred; a creditor given written notice has the earlier of one year from the death or 60 days from the mailing (S.C. Code 62-3-801). All claims arising before death are barred at the earlier of one year after death or those notice periods (62-3-803). Notice to creditors is not required at all if no personal representative is appointed within one year of death. The small estate affidavit requires 30 days after death (62-3-1201). No South Carolina judiciary source publishes a typical duration.