Selling an Inherited House in South Carolina: How Probate Works

Updated October 2026 · 8 min read

Inheriting a house usually arrives at a hard time. On top of grief, there is a property to secure, insure and pay taxes on, often filled with a lifetime of belongings. If the house is in the Charleston area, it may also be older and need work. This guide explains, in plain terms, who can sign the deed after someone dies in South Carolina, the probate steps that usually come before a sale, how long it can take, and your options for the house.

Who owns the house after someone dies?

Under South Carolina law, real estate passes at death to the people named in the will, or to the heirs if there is no will, "subject to" the purposes of administering the estate (SC Code §62-3-101). In practice that means the heirs usually can't simply sell the house the week after the funeral. The estate first needs a personal representative (sometimes called an executor) appointed by the probate court, and the estate's debts need to be dealt with.

Estates in the Charleston area are handled by the county probate courts: the Charleston County Probate Court at the Historic Courthouse, 84 Broad Street, the Berkeley County Probate Court, and the Dorchester County Probate Court in St. George. Your attorney will confirm which court handles the estate. Note that probate or an appointment generally can't begin more than 10 years after the death (§62-3-108).

Can the personal representative sell the house?

It depends mainly on the will. Under §62-3-711, a personal representative holds estate property with the power of an owner, in trust for creditors and the people who inherit. But:

• If the will authorizes a sale, the personal representative can usually sign the deed to a buyer.
• If it doesn't, a sale generally needs a court order under the court-sale procedure (§62-3-1301 and following) or a partition for distribution (§62-3-911). Charleston County Probate Court has a form for this: Form 430ES, "Petition for Sale of Real Estate (Estates)."
• Another path is for the estate to deed the house to the heirs with a deed of distribution (Charleston County Form 400ES), after which the heirs sell it as owners, and everyone on the deed signs.

We work with the estate's attorney and the probate court timeline. We can't give legal advice, so ask your probate attorney which route fits your case.

How long does it take?

The personal representative publishes a notice to creditors, and creditors have eight months from the first publication to file claims (§62-3-801). Charleston County Probate Court advises waiting until claims are in before deeding real estate out of the estate. So even a simple estate can take the better part of a year before the house can be transferred.

That timeline doesn't stop you from planning. You can get a cash offer early, know your number, and set a closing date that fits the estate. We can close in as little as 7–14 days when the title is clear, and in an estate that includes having the authority to sell confirmed. You pick the closing date, and later is fine.

Disclosure, deed fees and property taxes

• Disclosure form. A sale by a personal representative administering an estate, or under a court order, is exempt from South Carolina's Residential Property Condition Disclosure Statement (§27-50-30). If the heirs sell after the house is deeded to them, ask your attorney whether the form is needed.
• Lead paint. The federal lead-based paint disclosure still applies to homes built before 1978.
• Deed recording fee. A deed of distribution to heirs isn't subject to the recording fee. On the sale itself the fee is $1.85 per $500 of price; when you sell to us, we pay it as part of our closing costs.
• Property tax rate. Only an owner's legal residence gets the 4% assessment; other property, such as a vacant inherited house or a rental, is assessed at 6%. A change of ownership or use should be reported to the assessor within six months.
• Tax bills keep coming. Charleston County taxes are due January 15. If the estate falls behind, see our page on selling a house behind on property taxes.

Keep, rent or sell?

There is no single right answer. Keeping the house makes sense if someone in the family wants to live there and can take on the costs. Renting brings income but also landlord duties, repairs and the 6% tax rate. Selling settles the estate and splits the value, but heirs need to agree on a price and a process.

Many inherited Charleston-area homes are older. The Town of James Island has the oldest housing in the region, with a median year built of 1970 and 68.2% of homes built before 1980 (American Community Survey 2024 5-year). Houses like these often need a roof, systems or a full update before they can compete with listed homes, and someone has to pay for that work and manage it. If you are weighing it, our cash offer vs. listing calculator lets you put in repair and holding costs and see an estimated net from listing.

Selling an inherited house to us

We buy inherited houses as-is across the Charleston area, from James Island to West Ashley and Mount Pleasant. That means:

• No repairs, no cleaning and no cleanout. Take the keepsakes and leave what you don't want.
• A written cash offer within 24–48 hours of seeing the house or getting the details we need.
• No fees or commissions, and we pay the closing costs. The estate still pays off any mortgage, liens, past-due taxes and HOA balances from the proceeds, and property taxes are prorated at closing.
• Closing at a South Carolina attorney's office, and the estate's attorney is welcome to check everything.
• We're the buyer. We don't put your house under contract and shop it to someone else.

If the house also needs serious work, our page on selling a house that needs repairs explains how we price it. For estate-specific details, see selling an inherited house in Charleston, or ask for a cash offer and call Call (727) 300-6656 with questions.

Frequently asked questions