2020 South Carolina Code of Laws
Title 8 - Public Officers and Employees
Chapter 21 - Fees And Costs Generally
Section 8-21-770. Determination of fees and costs; schedule of fees and costs to be collected.
(A) Fees and costs are payable upon the filing of an application or petition. Payment may, in the discretion of the probate judge, be deferred for a period no greater than the time provided by law for filing the inventory and appraisement. Any adjustment of fees and costs collected at the opening of the estate must be effected before or at the time of final settlement.
(B) In estate and conservatorship proceedings, the fee shall be based upon the gross value of the decedent's probate estate or the protected person's estate as shown on the inventory and appraisement as follows:
(1) Property valuation less than $5,000.00 $25.00 (2) Property valuation of $5,000.00 but less than $20,000.00 $45.00 (3) Property valuation of $20,000.00 but less than $60,000.00 $67.50 (4) Property valuation of $60,000.00 but less than $100,000.00 $95.00 (5) Property valuation of $100,000.00 but less than $600,000.00 $95.00 plus .15 percent of the property valuation between $100,000.00 and $600,000.00
(6) Property valuation of $600,000.00 or higher amount set forth in (5) above plus one-fourth of one percent of the property valuation above $600,000.00.
For purposes of this subsection, "decedent's probate estate" means the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy and "protected person's estate" means the protected person's property that vests in a conservator as trustee pursuant to Section 62-5-420.
(C) Other fees of the Probate Court are as follows:
(1) Issuing certified copy $5.00 (2) Issuing exemplified/authenticated copy $20.00 (3) Reforming or correcting marriage record $6.75 (4) Filing demands for notice $5.00 (5) Filing conservatorship accountings $10.00 (6) Recording authenticated or certified record $20.00 (7) Reopening closed estates $22.50 (8) Appointment of special or temporary fiduciary $22.50 (9) Filing and indexing will under Section 62-2-901 $10.00 (10) Certifying appeal record $10.00
(11) Filing the initial petition in any action or proceeding other than (B) above, same fee as charged for filing civil actions in circuit court
(12) Filing affidavit for collection of personal property under Section 62-3-1201, the fee pursuant to item (B) above based upon property valuation shown, provided that where the property valuation is less than $100.00, the fee shall be one-half the amount otherwise provided.
(D) The costs of the notice to creditors or other legal advertisement are in addition to prescribed court costs and are due and payable prior to publication of advertisement.
HISTORY: 1979 Act No. 164, Part I Section 2A; 1993 Act No. 181, Section 75, eff July 1, 1993; 1994 Act No. 470, Section 3, eff 30 days after July 14, 1994; 1995 Act No. 15, Section 1, eff April 4, 1995, but shall apply retroactively to August 15, 1994.
Editor's Note
1995 Act No. 15, Section 5, provides as follows:
"SECTION 5. This act takes effect upon approval by the Governor, but Section 1 shall apply retroactively to August 15, 1994. Any person who remitted fees pursuant to Section 3 of Act 470 of 1994 may petition the court within one year of this act's effective date to obtain a refund of the difference between that which is due pursuant to this act and that which was due pursuant to Section 3 of Act 470 of 1994." [Note: 1994 Act No. 470 Section 3 amended Section 8-21-770].
ARTICLE 5 of Title 62 was rewritten by 2017 Act No. 87, Section 5.A, effective January 1, 2019. For Section 62-5-420, referenced in the last undesignated paragraph in (B), see now, Section 62-5-417.
