How Much Does a Living Trust Cost in South Carolina? (2026)

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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.

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When you need a South Carolina attorney instead ↓

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 ForSouth Carolina RangeNotes
Online trust service$100 – $600South Carolina-specific documents; funding is on you
Simple will (attorney)$250 – $1,000Does not avoid probate
Living trust, attorney-drafted$900 – $2,500Individual, straightforward assets
Full estate plan (couple)$1,500 – $3,450Trust + will + POA + directive
Complex / tax planning$3,000 – $8,000+Irrevocable, Medicaid, business, estate tax
Deed transfer into trust$150 – $400 per propertyEvery 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 ValueStatutory 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 TrustWithout
Cost$900–$4,950 (one-time trust creation)Filing fees (scaled by estate value) + attorney fees + up to 5% personal rep commission
TimelineWeeks to a few monthsMonths to over a year
PrivacyPrivatePublic court record

Online or South Carolina Attorney?

SituationRoute
Assets only in South Carolina, standard estateOnline service
Property in 2+ states, blended family, businessAttorney

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.

  1. Get two or three flat-fee quotes. Identical work varies by $1,000+ inside one metro.
  2. Ask what’s included. Deed transfers run $150–$400 each and are often quoted separately.
  3. Don’t buy complexity you don’t have.

Three ways to pay less in South Carolina

  1. 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.
  2. 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.
  3. 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.

Create your trust online →


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.