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Executor Compensation Laws in South Carolina

In South Carolina, personal representative commissions are capped at 5% of the probate estate's personal property plus real estate sale proceeds, and up to 5% of estate income, unless the court approves more for extraordinary services.

Last checked . General information, not legal advice.

South Carolina at a glance

Compensation method
Statutory cap (up to 5%)
Does not apply where a contract or the will directs otherwise. Minimum commission is $50. Co-representatives share one maximum fee.
Statutory fee schedule
Cap: 5% of personal property and sale proceeds, 5% of income
Base is the appraised value of probate personal property plus proceeds of authorized real property sales.
Percentage schedule in statute
Percentage cap

Sources

Last checked

The rules in South Carolina

How is an executor paid in South Carolina?

Compensation method in South Carolina: Statutory cap (up to 5%). Does not apply where a contract or the will directs otherwise. Minimum commission is $50. Co-representatives share one maximum fee.

What percentage can an executor charge in South Carolina?

Statutory fee schedule in South Carolina: Cap: 5% of personal property and sale proceeds, 5% of income. Base is the appraised value of probate personal property plus proceeds of authorized real property sales.

Does South Carolina law set executor fees by a percentage schedule?

Percentage cap. Percentage schedule in statute in South Carolina: percentage cap.

Where do the South Carolina executor compensation laws come from?

The rules above come from S.C. Code Ann. 62-3-719. Each source is linked on this page. We last checked them in October 2026.

Good to know

If more than one personal representative serves, the court apportions the compensation, but the total may not exceed the maximum for a single personal representative.

What this means in practice

A will can usually address executor pay directly, for example by setting a flat fee, a percentage, or stating that the executor serves without pay. Where the will is silent, the state's default rule applies. An executor can also choose to waive compensation, which some family members do because fees are generally taxable income while inheritances generally are not.

Executor compensation is separate from reimbursement of expenses and from fees paid to the estate's attorney, accountant, or other professionals. Keeping a written log of hours, tasks, and costs helps support a fee request and answers questions from heirs or the court.

Heirs and beneficiaries who believe a fee is too high can usually object in the probate proceeding, and courts can reduce, deny, or increase compensation in some circumstances. Rules on timing, court approval, and extraordinary services differ, so the statute for the state where the estate is probated is the starting point.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.