At a glance
| State estate tax | No |
|---|---|
| Estate top rate | — |
| Inheritance tax | No |
| Small-estate ceiling | $45,000S.C. Code Ann. § 62-3-1201 (Act No. 26, 2025) · eff. May 8, 2025 |
| TOD deed for real estate | Not availableS.C. — no real-property TOD deed (§ 62-6-401 covers titled personal property only) · not enacted as of 2026 |
| Community-property state | No |
Estate tax
South Carolina does not levy its own estate tax. An estate here is subject only to the federal estate tax, which most estates never owe — the federal exclusion is measured in the millions. See the federal lifetime exemption for how that works.
Inheritance tax
South Carolina has no inheritance tax — beneficiaries are not taxed on what they receive by the state. South Carolina imposes no inheritance tax; heirs owe no state-level death tax.
Probate basics
Estates at or below the $45,000 personal-property threshold may be collected by small-estate affidavit under § 62-3-1201; the affidavit must be approved and countersigned by the probate judge (it is not self-executing). The $25,000 ceiling was raised to $45,000 in 2025.
South Carolina is a common-law (separate-property) state for ownership between spouses. A transfer-on-death deed for real estate is Not available S.C. — no real-property TOD deed (§ 62-6-401 covers titled personal property only) · not enacted as of 2026 — see the full South Carolina transfer-on-death deed guide for the requirements, revocation, and alternatives. The probate deadlines for this state — filing the will, the creditor-claim window, the inventory — are cited in the Executor & Heir’s Guide.
State-specific quirks
No transfer-on-death deed for real estate
South Carolina authorizes TOD designations only for titled personal property such as vehicles and watercraft (§ 62-6-401). A real-property TOD deed bill (S.49) was introduced in 2025 but remains in committee — a house or land cannot be retitled by TOD deed.
The small-estate ceiling rose to $45,000 in 2025
The long-standing $25,000 affidavit ceiling was increased to $45,000 by Act No. 26, effective May 8, 2025. The affidavit still must be approved and countersigned by the probate judge before use.
An inoperative estate-tax chapter is still on the books
Title 12, Chapter 16 is titled "Estate Tax" and its charging language remains, which can mislead a keyword search — but no South Carolina estate tax has been due since the federal credit's repeal.
Where to read next
- the federal lifetime exemption — how the far larger federal exclusion works — and why a state tax can still apply below it
- funding a revocable trust — the most common way to keep property out of probate entirely
- the ILIT cluster — keeping a life-insurance death benefit out of a taxable estate
- the Executor & Heir's Guide — the probate deadlines for this state, cited to the statute
- South Carolina small-estate procedure — the state’s simplified transfer or administration route, eligibility rules, and claimant responsibilities.
- ← Back to the 51-jurisdiction comparison
Sources & methodology
Methodology & sources
Tax figures include citations and source effective dates. Unconfirmed figures direct readers to the state. Aggregator roundups are not sources. See our editorial standards.
General information, not legal or tax advice. Residency, property location, and title can change the result. A professional licensed in South Carolina can assess your situation.
Last verified July 20, 2026.