States / South Carolina
After a death in South Carolina
Where to look for a will, who to ask and where to search for money in South Carolina.
The will
Which court handles probate
The county probate court handles estates of people who died, including wills.
"the probate court has exclusive original jurisdiction over all subject matter related to:"
What to do with the original will
Whoever has custody of a will must deliver it within 30 days of actual notice or knowledge of the death to the probate judge, or to the person named as personal representative, who delivers it to the judge. Intentionally failing to deliver makes the person liable for damages.
"within thirty days of actual notice or knowledge of the testator's death"
S.C. Code Ann. § 62-2-901. Read the source.
Wills deposited during life
We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.
Opening a safe deposit box
If no court order exists, the spouse, a parent, an adult descendant, or a person named as executor in a copy of a purported will may open and examine a decedent's box with a bank officer present. A will goes to the named executor or the court; burial plot deeds and burial instructions go to the requester; nothing else is removed until an executor qualifies.
"Any writing purporting to be a deed to a burial plot or to give burial instructions"
S.C. Code Ann. § 34-19-50. Read the source.
Searching for a will or case
Wills delivered after death are filed with the probate judge in the county; ask that county's probate court.
"to the judge of the probate court having jurisdiction to admit the same"
Unclaimed money
South Carolina State Treasurer's Office
"There is no fee for this service."
Instructions for heirs and estates
Source, checked 2026-10-15.
Small estates
A small estate may be able to skip full probate. What counts differs, so check with the court before you rely on a limit.
Collection of personal property by affidavit
Limit $45,000. Wait 30 days.
S.C. Code §62-3-1201. Read the rule.
Death certificates
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First copy $12.00, more copies in the same order $3.00 each. Immediate family or an immediate family member's legal representative. Other applicants may receive a death statement, not a certified copy.
Order from the state. Online vendors add fees.
State will and court rules checked 2026-11-06. See how we check facts or report a mistake. This is general information, not legal advice.