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Quick answer
In South Carolina, a house passes to the heirs or the people named in the will, subject to creditors and the personal representative's powers. Estates are handled in the county Probate Court. A personal representative can sell the house without a court order only if the will gives a power of sale. Otherwise a court-approved sale procedure applies. In Greenville County, for example, the hearing can be waived when all interested parties consent. Sales by an estate fiduciary are exempt from the state disclosure form.
Who owns the house after someone dies?
When a person dies, South Carolina law says their real property passes to the people named in the will, or to the heirs if there is no will. [1] That transfer is subject to creditors' rights and to the powers of the personal representative (PR), the person the Probate Court appoints to run the estate. [1]
The PR has the right to take possession or control of the decedent's property, but may leave a house with the person presumptively entitled to it. [1] So an heir can live in or look after the house while the estate is open, unless the PR decides the estate needs it.
If no one has opened an estate yet, start with the Probate Court in the county where the person lived. The court can tell you which forms it uses to appoint a personal representative and whether a will has been filed. Bring the death certificate, the original will if there is one, and a list of what the person owned and owed. Until someone is appointed, no one has clear authority to sign a contract to sell the house for the estate, so be cautious about signing anything a buyer sends before then. [1]
Can the personal representative sell the house?
It depends on the will. A PR may not sell estate real property without a prior court order, except through the procedures in S.C. Code 62-3-911 or 62-3-1301 and the sections after it. [1] If the will authorizes the PR to sell real property, the PR may sign a deed to a buyer for value. [1]
| Situation | Court approval? | Source |
|---|---|---|
| Will gives the PR a power of sale | Not required (Greenville County) | Greenville County Probate Court |
| Property already released by a deed of distribution | Not required (Greenville County) | Greenville County Probate Court |
| No will, or will has no power of sale | Court order required | S.C. Code 62-3-711(b) |
If the house has already been deeded out to the heirs, the heirs are the sellers, and every owner usually signs. Your closing attorney will confirm who must sign.
Steps for a court-approved sale (Greenville County example)
Each county Probate Court has its own forms. Greenville County's procedure sheet is a clear example of how a sale without a will power of sale works there. [2] Greenville says a probate attorney is needed to complete it. [2]
- File the estate Inventory and Appraisement before any sale. [2]
- File a Petition and Summons with Greenville's $150 filing fee. [2]
- Serve all interested persons, including heirs or devisees and unpaid creditors, and file proof of service. [2]
- Record a lis pendens with the Clerk of Court and file a copy with Probate Court. [2]
- Wait for answers, due within 30 days after service. [2]
- Request a hearing on at least 20 days' notice, where an appraiser or Realtor testifies to fair market value. [2]
- The judge signs an order, the sale closes, and the recorded deed is filed with Probate Court. [2]
When heirs agree: in Greenville, the hearing can be waived if all interested parties file answers consenting to the sale and waiving the hearing. [2] Fees and steps in other counties may differ, so call that county's Probate Court.
Do you need a disclosure form for an estate sale?
No, in most estate cases. South Carolina's disclosure law does not apply to transfers by a fiduciary in the course of administering a decedent's estate, or to transfers under a court order in estate administration. [3] Heirs selling after the house has been deeded to them may not fit those exemptions, so ask the closing attorney. [3]
Inherited houses are often sold as is. A cash offer is usually below full market value, and some investors assign their contract to another buyer for a fee. Compare that with listing through an agent in cash offer vs. listing, and see the South Carolina selling guide for closing and recording costs.
Costs and bills while the estate is open
The house keeps costing money until it sells. Property taxes, insurance, utilities and any mortgage payments still come due, and the personal representative usually pays them from estate funds. If taxes go unpaid, the county can sell the property at a tax sale. [4] Tell the insurance company the owner has died, since a vacant house may need different coverage.
When the house sells, South Carolina's deed recording fee is $1.85 per $500 of value, and the grantor, here the estate or the heirs, is primarily liable for it. [5] On a $150,000 sale, that is 300 units of $500, or $555. Attorney fees, any agent commission, and any Probate Court filing fees are separate.
| Cost | Who usually pays | Where it is set |
|---|---|---|
| Deed recording fee, $1.85 per $500 | Seller (estate or heirs) | S.C. Code 12-24-10, -20 |
| Probate petition fee | Estate ($150 in Greenville County) | County Probate Court |
| Closing attorney | Agreed in the contract | Contract |
| Unpaid property taxes | Paid from the sale at closing | County tax office |
For a fuller list, see closing costs for sellers.
When to call an estate attorney
- There is no will, or the will says nothing about selling real estate.
- Heirs disagree about selling, the price, or who lives in the house.
- An heir is a minor, cannot be found, or needs a guardian ad litem.
- The estate has debts, a mortgage, or unpaid property taxes. See tax sales and redemption.
- You received a contract and are not sure the estate can sign it yet.
A licensed South Carolina attorney also performs or supervises the legal steps of the closing itself. [6]
Common questions
Can I sell an inherited house before probate is finished in South Carolina?
A personal representative can sell during administration, either under a will power of sale or with court approval through 62-3-1301 and the sections after it. [1] Ask an estate attorney about timing for your case.
Do all heirs have to agree to sell?
Not always, but agreement helps. In Greenville County, if all interested parties consent in writing, the court hearing can be waived. [2]
How much does it cost to petition for a sale?
Greenville County lists a $150 filing fee for the petition. [2] Other counties set their own fees, and attorney and appraisal costs are separate.
Does an estate have to fill out the SC disclosure form?
Transfers by a fiduciary administering a decedent's estate are exempt under S.C. Code 27-50-30. [3]
Sources
- S.C. Code Title 62, Article 3: Probate of Wills and Administration South Carolina Legislature, accessed October 17, 2026
- Sale of Real Estate (procedure sheet) Greenville County Probate Court, accessed October 17, 2026
- S.C. Code Title 27, Chapter 50, Residential Property Condition Disclosure Act South Carolina Legislature, accessed October 17, 2026
- S.C. Code Title 12, Chapter 51: Alternate Procedure for Collection of Property Taxes South Carolina Legislature, accessed October 17, 2026
- S.C. Code Title 12, Chapter 24, Deed Recording Fees South Carolina Legislature, accessed October 17, 2026
- Ethics Advisory Opinion 26-01 South Carolina Bar, accessed October 17, 2026
How this page was made
This guide was drafted with AI writing tools, working from the official sources listed on this page. A separate fact-checking pass opened every cited source and checked each rule, deadline and number against it; anything a source did not support was removed. Marcus L. Barber, the publisher, then read and approved the full page, including the text, questions and answers, title and search description before it was published.
This page is general information, not legal, tax or financial advice, and it has not been reviewed by a North Carolina or South Carolina attorney. Laws and court rules change; check the linked source or ask a lawyer about your situation. See our editorial policy. Spot an error? Email support@soldasishouses.com.
