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The Probate Bond Experts
Licensed to issue personal representative, guardian, and conservator bonds across all 46 South Carolina counties. Fast approval, competitive rates, and real probate expertise.
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When approved, bond issued within 24 hours or instant when qualified.
A probate court bond protecting heirs. Includes the executor bond (with a will), administrator bond (no will), and general personal representative bond.
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A court fiduciary bond protecting incapacitated adults. Includes the guardianship bond and financial conservator bond to prevent asset exploitation.
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A probate surety bond protecting kids' assets. Includes the guardianship bond for minors and guardian of the estate bond to preserve funds.
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A fiduciary surety bond protecting beneficiaries. Includes the trustee bond (or trust bond) to ensure legal, ethical trust management.
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Probate in South Carolina is handled by the Probate Court in each of the state's 46 counties. The Probate Court appoints the personal representative, issues letters, oversees administration, and also handles guardianships, conservatorships, and involuntary commitment matters. Most estates proceed through informal probate without a hearing.
South Carolina adopted the Uniform Probate Code, codified as the South Carolina Probate Code in Title 62. The estate fiduciary is called the personal representative, an executor when named in a will and an administrator when appointed without one. The bond rules sit in Sections 62-3-603 through 62-3-606.
South Carolina imposes no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
When a South Carolina bond is required, the amount is set under S.C. Code Section 62-3-604:
South Carolina follows the Uniform Probate Code, so a bond is the exception, and an otherwise-required bond can also be waived. Under S.C. Code Section 62-3-603:
Filing a South Carolina probate bond, when one is required, follows Title 62 and Probate Court practice:
A bond is often not needed in South Carolina, so many estates pay no bond premium at all. When a bond is required by the will or a demand, the cost is a premium paid to the surety company:
Beyond the standard personal representative bond, South Carolina probate practice uses several additional bond types:
South Carolina does not run a licensing board for private professional fiduciaries, but its Probate Code places clear duties on every personal representative:
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWUsually not. Under Title 62, no bond is required of a personal representative unless the will requires one, a special administrator is appointed, or an interested person demands one. When a bond is required by law or the will, it can also be waived in a small estate with all beneficiaries' consent.
A bond is required when the will expressly requires it, on the appointment of a special administrator, when an interested person with more than $5,000 at stake demands one, or when the Probate Court orders one.
A bond required by law or by the will may be waived when the personal representative certifies by affidavit that the gross estate is under $20,000, that assets cover the claims, and that the representative will be personally liable, and all beneficiaries file a written waiver.
When a bond is required, most South Carolina probate bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Small bonds carry a minimum premium of about $100 to $150.
Under Section 62-3-604, if the will or court order specifies an amount the bond is set in that amount. Otherwise it equals the personal representative's sworn best estimate of the personal estate plus a year of income. Secured deposits can reduce it.
Most South Carolina probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. We keep the process moving so you can qualify on the court's timeline.
Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.
The Probate Court in the county where the decedent lived handles probate. Each of South Carolina's 46 counties has a Probate Court, which also handles guardianships, conservatorships, and related matters.
South Carolina uses personal representative as the umbrella term. A person named in a will is an executor and one appointed without a will is an administrator, but Title 62 treats both as the personal representative of the estate.
No. South Carolina has no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
Under Section 62-3-605, a person with an interest over $5,000, or a creditor with a claim over $5,000, may demand a bond. The personal representative must then file a suitable bond within 30 days or face removal, unless good cause for delay is shown.
When required, the bond protects the heirs, devisees, and creditors of the estate from loss caused by a personal representative who fails to perform faithfully, and it can be claimed against up to its penalty.
When a bond is required, it stays in force until the estate is closed and the court discharges the personal representative. For estates that stay open across more than one year, the premium is charged annually until that discharge.
Yes. Even where no bond was required at appointment, an interested person can demand one under Section 62-3-605, and the court may order one when it finds a bond necessary to protect interested persons.
No. A probate bond is a surety bond, not insurance for the fiduciary. It protects the heirs, devisees, and creditors. If the surety pays a claim, the personal representative is legally obligated to repay the surety.
No. A small estate that qualifies for the simplified procedures is handled without a full appointment, and even an otherwise-required bond can be waived in a small estate with all beneficiaries' written consent.
Often yes. A conservator appointed to manage the estate of a minor or a protected person is generally required to post a bond, and a guardian responsible for property may be required to as well, tied to the value of the property under management.
When a bond is required, you file it with the Probate Court in the county where the decedent was domiciled, and the court approves the surety before letters issue.
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FIND OUT MOREFind South Carolina Probate Courts by County
Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our South Carolina probate court directory. We list every county court in South Carolina with contact information and links to local forms.
South Carolina Probate Court Directory