South Carolina

At a Glance

Filing Requirements

In South Carolina, death certificates must be filed with the Bureau of Vital Statistics within five days of death. This filing is typically handled by the funeral director or medical certifier. Electronic filing is required.

• –SC Code of Laws Section 44-63-80: Requires electronic filing within five days.
• –Penalties may be assessed for late filings.

Who Can Obtain a Copy

Certified copies of death certificates are restricted for 50 years after the date of death. During this period, copies can only be issued to members of the deceased's family or their legal representatives.

• –SC Code of Laws Section 44-63-84: Specifies who can obtain copies.
• –After 50 years, death certificates become public records and uncertified copies can be obtained by anyone.

How do I get a death certificate in South Carolina?

Order certified copies from South Carolina's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

At a Glance

Initiating Probate

Probate is the legal process of proving a will and settling the estate of a deceased person. In South Carolina, the person in custody of the original will must deliver it to the probate court in the county where the deceased resided within 30 days of death.

• –The process involves filing the will and a petition with the probate court.
• –Informal probate admits the will as valid, while formal probate may require a hearing.

Small Estates

If the entire probate estate, minus liens, is worth $45,000 or less, a successor can collect the deceased's personal property with an affidavit instead of full probate. (S.C. Code § 62-3-1201) The limit was $25,000 until Act 26 of 2025 raised it to $45,000, effective May 8, 2025.

• –You must wait 30 days after the death, and no petition for a personal representative can be pending or granted anywhere.
• –The affidavit covers personal property only, not real estate, and must be filed with the probate court.
• –Estates under the same $45,000 limit, plus exempt property, funeral costs, administration expenses, and last-illness medical bills, can use summary administration instead: the personal representative publishes notice to creditors, then distributes the estate and files a closing statement. (S.C. Code § 62-3-1203)

Intestacy (Dying Without a Will)

If a person dies in South Carolina without a valid will, their estate is distributed according to the state's intestacy laws. The probate court will oversee the distribution of assets to legal heirs.

• –Typically, assets pass to the surviving spouse, children, or other close relatives.
• –The process still involves validating debts and collecting assets.

What is the small-estate limit in South Carolina?

$45,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in South Carolina?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does South Carolina allow transfer-on-death deeds?

No. South Carolina has no transfer-on-death deed statute. A living trust or joint ownership with survivorship does the same job here; TOD-deed and Lady Bird-deed bills exist but neither has passed.

Source: legislative record ↗

Die without a will in South Carolina and this law picks your heirs.

If you die intestate (without a valid will) in South Carolina, S.C. Code §§ 62-2-101 to 62-2-109 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): the entire estate.
• –Spouse + parents (no descendants): still the entire estate, parents take nothing when a spouse survives.
• –Spouse + joint descendants: one-half to the spouse, one-half to the children.
• –Spouse + blended family: the same one-half, South Carolina ignores whose children they are.
• –Source: S.C. Code §§ 62-2-101 to 62-2-109

Children's shares.

The children take everything in equal shares if they are all in the same generation; more remote descendants take a dead child's share by representation.

No spouse, no children: the line of succession.

After issue come parents equally, then issue of parents, then grandparents or their issue in paternal and maternal halves, then great-grandparents or their issue the same way, and with no takers the estate passes to the State of South Carolina.

At a Glance

Types of Advance Directives

South Carolina law recognizes two advance directives. The Declaration of a Desire for a Natural Death, the state's living will, comes from the Death With Dignity Act, S.C. Code § 44-77-10 et seq. The Health Care Power of Attorney comes from the South Carolina Statutory Health Care Power of Attorney Act, S.C. Code §§ 62-5-500 to 62-5-518, formerly § 62-5-504 before the 2017 recodification.

• –A living will states which life-sustaining procedures you want withheld or withdrawn if you are terminally ill or permanently unconscious. The statutory form is at S.C. Code § 44-77-50.
• –A health care power of attorney names an agent to make medical decisions for you when you cannot. The statutory form is at S.C. Code § 62-5-504.

Requirements for Validity

You must be at least 18 years old and of sound mind to sign either document. The two documents have different signing rules, and the living will's are stricter.

• –Living will: you must date and sign it in the presence of two witnesses and an officer authorized to administer oaths, such as a notary public. The officer can double as one of the two witnesses. Notarization is required, not optional. (S.C. Code § 44-77-40)
• –Health care power of attorney: you must date and sign it, and two qualified witnesses must sign. No notary is required. (S.C. Code § 62-5-503)
• –Witnesses cannot be related to you by blood, marriage, or adoption, cannot inherit from you, cannot be a beneficiary of your life insurance, cannot be directly financially responsible for your medical care, and cannot be your attending physician or that physician's employee. Your named agent cannot witness your health care power of attorney.
• –If you sign a living will while a patient in a hospital or a resident in a nursing care facility, an ombudsman designated by the State Ombudsman must serve as one of your two witnesses. (S.C. Code § 44-77-40(3))

Where do I get South Carolina's advance directive form?

The controlling law is S.C. Code § 44-77-10 et seq. (Death With Dignity Act); §§ 62-5-500 to 62-5-518 (Health Care Power of Attorney), linked as this section's source. Most people use the free statutory form: South Carolina's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does South Carolina require a notary or witnesses for an advance directive?

South Carolina requires notarization and 2 adult witnesses, as shown in the requirements above. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation Regulations

South Carolina law mandates a waiting period before cremation can occur. Human remains may not be cremated until at least 24 hours have passed from the time of death.

• –A cremation authorization form must be signed by the legal next of kin or an authorized agent.
• –Funeral homes must have all required documentation, including the death certificate, before proceeding with cremation.

Burial on Private Property

It is legal in South Carolina to bury human remains on private property, provided certain conditions are met. There are no state laws prohibiting home burial.

• –A burial vault (casket, grave liner, or other outer container) must be at least ten inches below the earth's surface.
• –The property owner should record the burial site with the county Register of Deeds to ensure future recognition.

Disposal of Cremated Remains

South Carolina law does not have specific regulations controlling where you may keep or scatter ashes. This allows for considerable flexibility in the final disposition of cremated remains.

• –Ashes may be stored in a crypt, niche, grave, or urn at home.
• –Scattering ashes on private land with permission, or over public lands/waterways (with common sense and respect) is generally permitted.

At a Glance

South Carolina Estate and Inheritance Tax

South Carolina does not impose a state-level estate tax or inheritance tax for decedents dying on or after January 1, 2005. This means that heirs will not pay state taxes on inherited property.

Federal Estate Tax

Residents of South Carolina are still subject to the federal estate tax if their estate's value exceeds the federal exemption limit. The federal estate tax rate can be as high as 40%.

• –The federal estate tax exemption amount changes periodically; it is crucial to consult current IRS guidelines.
• –Estate planning can help minimize federal estate tax liability for qualifying estates.

Does South Carolina have an estate tax?

No. South Carolina has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does South Carolina have an inheritance tax?

No. South Carolina does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Uniform Anatomical Gift Act (UAGA)

South Carolina has adopted its version of the Uniform Anatomical Gift Act, which provides the legal framework for organ, eye, and tissue donation. This act ensures that an individual's decision to donate is honored.

• –Individuals can register their decision to be an organ donor through the Department of Motor Vehicles or online registries.
• –The UAGA outlines who can make anatomical gifts and the procedures for doing so.

Donor Registry and Consent

Registering as an organ donor in South Carolina is considered a legal and binding document of gift. This means that your consent to donate cannot be overridden by family members after your death.

• –Family consent is typically sought if the deceased had not registered as a donor.
• –All hospital and physician charges related to organ and tissue donation after death are paid by the appropriate procurement agency.