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A living trust in South Carolina costs $900 – $2,500 attorney-drafted, $1,500 – $3,450 for a couple’s full plan, or $100–$600 online. The reason that matters here: South Carolina sets the personal representative (capped)’s commission in probate by statute (S.C. Code § 62-3-719), so what you avoid by having a trust is a fixed, non-negotiable number — not an estimate.
Statutory probate fees are the argument for planning ahead in South Carolina.
If your assets are in South Carolina only, with no blended family and no estate-tax exposure, an online service like Trust & Will produces a complete South Carolina trust in about an hour.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
South Carolina Living Trust Cost (2026)
| What You’re Paying For | South Carolina Range | Notes |
|---|---|---|
| Online trust service | $100 – $600 | South Carolina-specific documents; funding is on you |
| Simple will (attorney) | $250 – $1,000 | Does not avoid probate |
| Living trust, attorney-drafted | $900 – $2,500 | Individual, straightforward assets |
| Full estate plan (couple) | $1,500 – $3,450 | Trust + will + POA + directive |
| Complex / tax planning | $3,000 – $8,000+ | Irrevocable, Medicaid, business, estate tax |
| Deed transfer into trust | $150 – $400 per property | Every South Carolina property needs one |
Typical flat fees reported by South Carolina attorneys and legal directories, reviewed quarterly. A guide, not a quote.
What South Carolina Probate Costs by Statute
South Carolina caps the personal representative at 5% of personal property plus real-property sale proceeds, with a $50 minimum — and the court filing fee itself scales with the estate under § 8-21-770(B).
| Estate Value | Statutory Commission (personal representative (capped)) |
|---|---|
| $100,000 estate | $5,000 max PR commission + $95 court filing fee |
| $250,000 estate | $12,500 max PR commission + $320 court filing fee |
| $500,000 estate | $25,000 max PR commission + $695 court filing fee |
| $1,000,000 estate | $50,000 max PR commission + $1,845 court filing fee |
| $2,000,000 estate | $100,000 max PR commission + $4,345 court filing fee |
Computed from S.C. Code § 62-3-719. Court filing fees, bond, publication, and appraisal costs are additional. Full detail: our South Carolina estate planning guide.
What each price point buys in South Carolina
- $100–$600 (online): A valid South Carolina trust document, pour-over will, and directives. You do the funding — every South Carolina deed transfer, every account retitling.
- $900 – $2,500 (attorney, individual): Custom drafting, review of how your assets are titled, and usually one deed included. Confirm that last part before you sign.
- $1,500 – $3,450 (attorney, couple): Adds marital property planning.
Trust vs. probate in South Carolina
| With a Trust | Without | |
|---|---|---|
| Cost | $900–$4,950 (one-time trust creation) | Filing fees (scaled by estate value) + attorney fees + up to 5% personal rep commission |
| Timeline | Weeks to a few months | Months to over a year |
| Privacy | Private | Public court record |
Online or South Carolina Attorney?
| Situation | Route |
|---|---|
| Assets only in South Carolina, standard estate | Online service |
| Property in 2+ states, blended family, business | Attorney |
The dividing line is funding, not drafting. Online documents are valid in South Carolina; what they don’t do is retitle your assets. See funding your trust.
Other South Carolina rules that affect the plan
- Durable by default: (§ 62-8-104) — survives the principal’s incapacity unless the document says otherwise
- North Carolina: Recognizes Lady Bird deeds (SC does not). Families with property in both states should consider a living trust that covers real estate in both jurisdictions.
- Georgia: Allows TOD deeds (SC does not). GA also has Year’s Support instead of an elective share — a critical difference for families with property across state lines.
- 2025 — S.49 (pending): Would allow TOD deeds for real property via recorded affidavit. In Senate Judiciary Committee since January 2025.
- 2025 — H.4264 (pending): Would enact the “South Carolina Enhanced Life Estate Deed Act” (Lady Bird deeds). In House Judiciary Committee since March 2025.
- 2019 — POST Act enacted: Physician Orders for Scope of Treatment (SC’s POLST equivalent) became law.
- 2014 — Trust Decanting: § 62-7-816A enacted, allowing trustees to modify irrevocable trusts by distributing to a new trust.
- 2005 — SC Trust Code and estate tax repeal: South Carolina Trust Code enacted (Title 62, Article 7). State estate tax ceased to apply.
Recent South Carolina Changes Worth Knowing
- 2025 — Act No. 25 (H.3432), effective July 1, 2025: Extended the Rule Against Perpetuities from 90 years to 360 years, making SC a serious dynasty trust jurisdiction. Also authorized irrevocable grantor trust tax reimbursement and clarified creditor protections.
- 2025 — Act No. 26 (H.3472), signed May 8, 2025: Raised the small estate threshold from $25,000 to $45,000 for affidavit collection and summary administration.
- 2025 — S.49 (pending): Would allow TOD deeds for real property via recorded affidavit. In Senate Judiciary Committee since January 2025.
- 2025 — H.4264 (pending): Would enact the “South Carolina Enhanced Life Estate Deed Act” (Lady Bird deeds). In House Judiciary Committee since March 2025.
- 2024 — Act No. 200 (H.4234), sections effective July 1, 2025: Introduced TOD designations for titled personal property (vehicles, mobile homes, watercraft).
Living trust costs in nearby states
Attorney pricing and probate rules shift at the state line — compare South Carolina with North Carolina, Georgia.
When to Hire A South Carolina Attorney
Online stops being the right answer when the estate has moving parts: property in more than one state, a blended family, a business, or anyone you intend to exclude.
- Get two or three flat-fee quotes. Identical work varies by $1,000+ inside one metro.
- Ask what’s included. Deed transfers run $150–$400 each and are often quoted separately.
- Don’t buy complexity you don’t have.
Three ways to pay less in South Carolina
- Understand what the statute fixes and what it doesn’t. S.C. Code section 62-3-719 sets the personal representative (capped) figure in probate, but a trust sidesteps that schedule entirely — and trust drafting itself is never statutory, so those quotes are always negotiable.
- Count the deeds before comparing prices. At $150–$400 apiece, with properties in multiple counties each needing their own recorded transfer, a quote including one deed can beat a cheaper quote including none.
- Match the product to the situation. A home and retirement accounts in South Carolina only is the exact case the online route handles well.
Official sources: scstatehouse.gov · scstatehouse.gov · scstatehouse.gov · scstatehouse.gov
FAQ
How much does a living trust cost in South Carolina?
$900 – $2,500 attorney-drafted, $1,500 – $3,450 for a couple’s full estate plan, or $100 to $600 through an online service. Add $150 to $400 per property for the deed transfers that fund it.
How are probate fees set in South Carolina?
By statute. Under S.C. Code § 62-3-719, the personal representative (capped) is compensated on a fixed schedule — about $25,000 on a $500,000 estate. That figure is the cost of not planning.
Can I make my own living trust in South Carolina?
Yes — online services produce valid South Carolina documents. The risk is funding: a trust that doesn’t hold title to your home doesn’t avoid probate for it.
If the online route fits your situation, Trust & Will’s trust plan covers South Carolina and takes about an hour.
More: Living trust costs nationwide · South Carolina estate planning guide · Funding your trust
Last updated: August 2026. Educational information, not legal advice or a quote.