South Carolina Code 8-21-770. Determination of fees and costs; schedule of fees and costs to be collected
(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:
Terms Used In South Carolina Code 8-21-770
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Decedent: A deceased person.
- Personal property: All property that is not real property.
- Probate: Proving a will
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trustee: A person or institution holding and administering property in trust.
(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 § 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 § 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 § 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.