Hiring a Wills, Trusts or Probate Lawyer in South Carolina
What South Carolina requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in South Carolina: fee rules
| Rules on contingency fees | Under South Carolina Rule of Professional Conduct 1.5(c) (Rule 407, SCACR), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of any expenses the client will be expected to pay, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement (though a contingency fee may be charged to collect past-due alimony or child support), and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The South Carolina Bar's Resolution of Fee Disputes Board (created by Rule 416, SCACR) resolves fee, cost and disbursement disputes between clients and Bar members. It will not take disputes of $50,000 or more or fees that must be approved by a court or other tribunal, and a dispute cannot be filed more than three years after it arose. Apply with the Bar's Application for Resolution of Disputed Fee, attaching copies (not originals) of supporting documents. For low-level misunderstandings not involving ethics violations, the Bar's Client Assistance Program can help. Rule 416 limits: https://www.sccourts.org/resources/judicial-community/court-rules/appellate/rule-416/rule-2/ |
| If a lawyer takes your money | The South Carolina Bar's Lawyers' Fund for Client Protection (Rule 411, SCACR) reimburses losses caused by a Bar member's dishonest conduct when the lawyer has died, been disbarred or suspended, resigned, been declared incompetent, gone bankrupt, left the state or cannot be found, or become a judgment debtor for that conduct. Payments are a matter of grace, not right, up to $40,000 per claim and $200,000 total per attorney. The application must reach the Bar within three years after you discovered (or should have discovered) the dishonest conduct, and no application is considered more than six years after the conduct. Application: https://www.scbar.org/for-the-public/quicklinks/help-with-your-attorney/ |
South Carolina rules to know first
| Requirements for a valid will | Any person of sound mind who is not a minor may make a will. The will must be in writing, signed by the testator (or by someone else in the testator's presence and at the testator's direction), and signed by at least two witnesses who saw the signing or the testator's acknowledgment of the signature or the will. A will is also valid in South Carolina if it met the law of the place where it was signed or of the testator's home at signing or at death (§ 62-2-505). Source: S.C. Code §§ 62-2-501, 62-2-502 |
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| Small estate affidavit | If the whole probate estate, less liens and encumbrances, is $45,000 or less, a person entitled to the property may collect personal property (money owed, bank funds, stock, tangible items) with a sworn affidavit once 30 days have passed since the death and no personal representative application is pending. The affidavit must be approved by the probate judge and filed with the probate court. Real estate counts toward the limit but cannot be transferred by this affidavit. The limit rose from $25,000 to $45,000 under 2025 Act No. 26, effective May 8, 2025. Source: S.C. Code § 62-3-1201 |
| How probate works | 1) File an application for informal probate and appointment (or a summons and petition for a formal proceeding) with the county probate court; the original will must be in the court's possession for informal probate. 2) The court issues letters to the personal representative. 3) Publish notice to creditors once a week for three successive weeks. 4) File the inventory and appraisement (fair market value at death) with the court within 90 days of appointment. 5) Pay valid claims, expenses and taxes. 6) Distribute and close the estate. Probate or appointment generally cannot begin more than ten years after death. |
Find and check a lawyer
| Lawyer referral service | The South Carolina Bar's Lawyer Referral Service (LRS) connects you with a lawyer by type of law and location. Call (803) 799-7100 (9 a.m.-noon and 1-5 p.m., Monday-Friday) or use the online referral service 24/7. Each participating lawyer agrees to charge no more than $50 for a 30-minute consultation; beyond that, or if you hire the lawyer, normal fees apply. LRS lawyers do not take pro bono cases. |
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| Check that the lawyer is licensed | The South Carolina Judicial Branch's attorney search lets you search for attorneys licensed to practice law in South Carolina by first name, last name or bar number; a successful search gives the attorney's name, phone number, address and email address. |
| Check discipline history or file a complaint | Complaints about South Carolina lawyers go to the Supreme Court's Office of Disciplinary Counsel (ODC); the South Carolina Bar does not license, investigate or discipline attorneys. A complaint must be in writing and signed by the person making it, fully identify the lawyer, describe what happened in detail with copies of supporting documents, and include your contact information; the ODC form is optional. File by mail to Office of Disciplinary Counsel, Post Office Box 12159, Columbia, SC 29211, or by hand delivery to 1220 Senate Street, Suite 201, Columbia, SC 29201. Email is not accepted. |
Free legal help
| Free legal aid | People who cannot afford a lawyer may qualify for help from South Carolina Legal Services, which offers an online intake form (through LawHelp.org/SC) to check eligibility for legal aid. The SC Bar also points to SC Free Legal Answers, a virtual clinic where qualifying users can post civil legal questions to volunteer lawyers. LSC lists South Carolina Legal Services as its South Carolina grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in South Carolina · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.