SC state guide
South Carolina estate risk overview
This guide explains how estate outcomes work in South Carolinawhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
South Carolina intestacy gives the surviving spouse the entire estate if there are no descendants; otherwise the spouse receives one-half and the remainder passes by representation.
- If there is no surviving issue, the spouse inherits the entire intestate estate.
- If there are surviving issue, the spouse inherits one-half of the intestate estate.
- The remainder passes to issue by representation; if none, to parents, then siblings, then grandparents and more remote heirs.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
South Carolina allows collection of personal property by affidavit for small estates after a waiting period when the estate is below the statutory cap.
- The small-estate cap is $45,000 for collection by affidavit.
- At least 30 days must pass after death before using the affidavit.
- No personal representative can be pending or appointed in any jurisdiction.
- The affidavit must be approved and countersigned by a probate judge.
- Small-estate affidavits must be approved and countersigned by a probate judge before use.
Estate and inheritance tax exposure
South Carolina does not impose a state estate tax or inheritance tax.
- Tax Foundation's 2025 table lists states with estate or inheritance taxes; South Carolina is not listed.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
South Carolina probate courts can appoint guardians, but they generally do not have jurisdiction over custody of minors, focusing instead on a minor's property.
- Probate courts have jurisdiction to appoint guardians and issue protective orders.
- Except for a limited proceeding, the probate court does not have jurisdiction over the care, custody, and control of a minor.
- The probate court does have jurisdiction over a minor's property when management or protection is required.
Risk areas
Explore estate risk dimensions in South Carolina
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in South Carolina
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in South Carolina
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in South Carolina
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.