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    South Carolina guide

    What to do when someone dies in South Carolina

    If you're settling an estate in South Carolina, one thing worth knowing right away: surviving spouses of veterans with 100% service-connected disability receive a full property tax exemption on the primary residence — one of the stronger veteran survivor benefits in the country. Probate runs through Probate Court in the county where the deceased lived, and the surviving spouse has elective share rights to one-third of the probate estate.

    Content updated: July 2026

    What's unique in South Carolina

    State-specific rules that affect how an estate is handled here.

    Probate Court process

    South Carolina probate runs through Probate Court in the county where the deceased lived. The court handles estate administration, creditor claims, and asset distribution.

    Elective share rights

    A surviving spouse in South Carolina has elective share rights to one-third of the decedent's probate estate, even if the will provides less.

    No South Carolina estate tax

    South Carolina does not have its own estate tax. Only the federal estate tax may apply, and only for very large estates.

    State income tax and SCRS/PORS

    South Carolina has its own income tax. A final state return must be filed. If the deceased was a state employee (SCRS) or police officer (PORS), survivor benefits need to be claimed separately.

    A glimpse at what Order covers in South Carolina

    These are just a few of the South Carolina-specific tasks Order surfaces automatically when you select your state.

    File for South Carolina probate in Probate CourtLegal & Estate

    South Carolina has its own Probate Court in each county. Simplified procedures may be available for qualifying estates. File in the county where the deceased lived.

    Review South Carolina elective share rightsLegal & Estate

    Surviving spouse may claim one-third of the probate estate — must act within the required timeframe after the estate is opened.

    Claim South Carolina retirement system survivor benefits (SCRS or PORS)Financial Affairs

    If deceased was a state employee (SCRS) or law enforcement officer (PORS), survivor benefits may be available — contact the correct system, as each has its own survivor claim process.

    Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.

    Official resources for South Carolina

    South Carolina Probate Courts (by county)File probate in the county Probate Court and obtain letters testamentarySouth Carolina Dept. of RevenueFile the final state income tax return for the year of deathSouth Carolina SCDMVTransfer vehicle titles to heirs using estate documentationSouth Carolina Public Employee Benefit Authority (PEBA)Notify the pension and apply for any survivor benefit for public employeesSouth Carolina Dept. of Veterans AffairsApply for the 100% property tax exemption for surviving spouses of disabled veterans and burial eligibility at Dolly Cooper Veterans Cemetery in Anderson or Beaufort National Cemetery

    What families commonly miss in South Carolina

    • South Carolina's family allowance and exempt property set-aside provide immediate financial relief to the surviving spouse and children — but only if claimed through the Probate Court. Families who don't know they exist miss out entirely.
    • Many South Carolina families assume that because the state has no estate or inheritance tax, there are no state tax filings after a death — but a final state income tax return is still required for any income earned during the year of death.
    • South Carolina families often don't realize that how a vehicle was titled at death determines how the transfer works — a jointly titled vehicle may move simply, while one in the deceased's name alone requires additional estate documentation.

    Deeper reading

    Probate: what families need to know

    Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in South Carolina.

    Military families in South Carolina

    South Carolina has additional veteran & survivor benefits

    • Apply for South Carolina 100% property tax exemption (surviving spouse of disabled veteran)
    • Contact M.J. 'Dolly' Cooper Veterans Cemetery or Beaufort National Cemetery

    South Carolina-specific

    Start these South Carolina-specific tasks in Order

    These tasks appear automatically in your checklist when you select South Carolina as your state.

    File for South Carolina probate in Probate CourtLegal & Estate

    File in Probate Court.

    Review South Carolina elective share rightsLegal & Estate

    Surviving spouse entitled to one-third of estate

    Transfer vehicle at South Carolina DMVLegal & Estate

    Submit title transfer with estate documentation

    Plus dozens more tasks added automatically for South Carolina families.

    Order walks your family through every step, for South Carolina and beyond.

    One-time purchase. Lifetime access. Unlimited family members. Everything your family needs, organized in one place.

    Covers all 50 states + DC · Jurisdiction-specific tasks added automatically

    See guides for other states

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