Updated September 7, 2026. Quick answer: In South Carolina, you have the later of 8 months from informal probate or 1 year from the date of death to contest a will that has already been admitted to probate, running from whichever of those two events is later.
How long do you have to contest a will in South Carolina?
| Deadline to contest an admitted will | the later of 8 months from informal probate or 1 year from the date of death |
| What starts the clock | whichever of those two events is later |
| Dedicated will-contest statute? | Yes |
“a proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within eight months from informal probate or one year from the decedent’s death, whichever is later.”
What makes South Carolina different
South Carolina’s Uniform Probate Code formula runs 8 months from informal probate or 1 year from death, whichever is later; shorter windows than most other UPC states in this survey use for the same formula. The controlling authority is S.C. Code Ann. § 62-3-108(a)(2)(iii), and the window runs from whichever of those two events is later.
What happens once this deadline passes?
Once the window above closes, South Carolina’s probate of the will generally becomes final and binding on everyone who had the chance to object, subject only to the tolling or discovery exceptions described above; a separate objection South Carolina allowed at the original probate hearing does not reopen or extend it.
Sources
| Statute / rule | S.C. Code Ann. § 62-3-108(a)(2)(iii) |
| South Carolina courts (general reference) | South Carolina judicial branch |
| South Carolina (additional reference) | South Carolina.gov |
| Confidence | High |
Every statute or rule quoted on this South Carolina page was read directly from the state’s own legislature/court/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; whether a specific contest is still timely can turn on facts (exactly when notice was given, how the will was probated, whether a disability applies) that only your own South Carolina probate court file can confirm.