State guide
South Carolina
South Carolina probate runs through county probate courts, but the Judicial Branch supplies statewide probate forms, including separate forms for newspaper notice and written notice to creditors. South Carolina’s small-estate thresholds were increased to $45,000 effective May 8, 2025.
Checked against official sources on October 4, 2026. Rules and links change; confirm with the office listed before you act.
- Publishing the notice
- Publication is required once a week for three successive weeks in a newspaper of general circulation in the county where the estate is being probated.
- Creditor claim deadline
- 8 months after first publication
- Outside deadline
- 1 year after death
- Law
- S.C. Code Ann. §§ 62-3-801, 62-3-803, 62-3-1201, 62-3-1203; Form 370ES
- Small-estate limit
- $45,000
Official resources in South Carolina
Official Judicial Branch overview of the Probate Court system.
Official self-help page for court users representing themselves.
Official forms page listing probate forms, including Notice to Creditors and Written Notice to Creditors.
Official probate form showing publication wording, timing, and filing of proof of publication.
Official current probate code text covering creditor notice, claims, and small-estate procedures.
Key facts for South Carolina
- A personal representative must publish notice to creditors once a week for three successive weeks in a county newspaper of general circulation. (S.C. Code § 62-3-801(a))
- Written notice by mail or other delivery to a creditor is permitted, not mandatory. (S.C. Code § 62-3-801(b))
- Claims are barred at the earlier of one year after death or the notice periods in § 62-3-801. (S.C. Code § 62-3-803(a))
- The official 370ES form says claims must be filed within eight months after first publication or one year from death, whichever is earlier. (Form 370ES)
- The probate small-estate affidavit threshold is $45,000. (S.C. Code § 62-3-1201; 2025 Act No. 26)
- South Carolina summary small-estate administration also uses a $45,000 cap. (S.C. Code § 62-3-1203; 2025 Act No. 26)
What to do next
- Use the county probate court plus the statewide 370ES and 376ES forms to handle creditor notice and any direct written notice.
- Arrange publication promptly after appointment, then file proof of publication with the probate court.
- Check whether the estate fits the $45,000 affidavit or summary procedure before starting a longer probate administration.
Helpful guides
- What is a notice to creditors in probate?
- How to publish a probate notice in a newspaper
- How much does it cost to publish a probate notice?
- What counts as a legal newspaper for probate notices
Creditor deadline calculator →