South Carolina living trusts & estate documents

Living trust law in South Carolina

A revocable living trust holds your home, accounts, and other property during your life, you stay in full control as trustee and can change or revoke it any time, then passes it to your beneficiaries without probate when you're gone. In South Carolina, trusts are governed by the South Carolina Trust Code, S.C. Code §62-7-101 et seq..

Avoiding probate in South Carolina

Probate in South Carolina is governed by the South Carolina Probate Code, S.C. Code Title 62 and handled by the county Probate Court. Estates run through the county probate court.

South Carolina allows collection of personal property by affidavit when the entire probate estate, less liens, is $45,000 or less (S.C. Code § 62-3-1201, raised by Act No. 26 of 2025); a summary administrative procedure is available at the same threshold (§ 62-3-1203). Assets held in a funded living trust pass to your beneficiaries without probate, whatever the size of the estate. Many South Carolina homeowners set one up for that reason.

In South Carolina, creditors generally have the earlier of 1 year after death or 8 months after the first published notice to file claims against the estate (S.C. Code § 62-3-803), one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in South Carolina

South Carolina has no estate or inheritance tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in South Carolina

A surviving spouse in South Carolina who is left out of the will can instead claim an elective share of one-third of the probate estate under S.C. Code § 62-2-201, a protection the will itself cannot override.

South Carolina also sets aside exempt property up to $45,000 for the surviving spouse, or if there is none the decedent's minor or dependent children jointly (S.C. Code § 62-2-401), with priority over all claims against the estate except the claims described in § 62-3-805(a)(1).

Signing your South Carolina documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney in the presence of two adult witnesses and a Notary Public, all present at the same time. Both witnesses sign the witness lines, and the notary completes the certificate. South Carolina requires a power of attorney to be witnessed in the same way as a will.
4. Sign the health care documents. Sign your Advance Health Care Directive in the presence of two adult witnesses and before a Notary Public, as the form’s execution block provides.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for South Carolina. Follow those as the authoritative guide.

Serving all of South Carolina

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