Updated September 7, 2026. Quick answer: In South Carolina, south Carolina’s UPC-based probate code does not require a bond by default when the personal representative is named in the decedent’s will, unless the will itself expressly requires one; a bond is required for other personal representatives (e.g., administrators) absent a qualifying exception.
Does South Carolina require an executor to post a bond?
South Carolina’s UPC-based probate code does not require a bond by default when the personal representative is named in the decedent’s will, unless the will itself expressly requires one; a bond is required for other personal representatives (e.g., administrators) absent a qualifying exception.
“the personal representative is named in the will, unless the will expressly requires a bond”
Source: S.C. Code Ann. § 62-3-603
Can the will waive it in South Carolina?
Yes. If the personal representative is named in the will, no bond is required unless the will expressly requires a bond.
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Can the heirs or beneficiaries waive it in South Carolina?
Yes. Bond is not required if all heirs and devisees agree in writing to waive the bond requirement; also not required if the personal representative is the sole heir or devisee.
If a bond is required, how much?
When a bond is required, South Carolina sizes it at 100% of the estimated value of the personal estate plus expected annual income, per its own bond-amount statute.
“he shall execute and file a bond with the court, or give other suitable security, in an amount not less than the estimate”
Source: S.C. Code Ann. § 62-3-604
What makes South Carolina different
South Carolina flips the usual assumption: for a PR named in a will, no bond is the default and the will must affirmatively require one to trigger bond. It also allows a low-value (under $20,000) sworn-value shortcut combined with beneficiary consent as an independent waiver path.
| Bond-requirement source | S.C. Code Ann. § 62-3-603 |
| South Carolina courts (general reference) | South Carolina judicial branch |
| South Carolina Secretary of State / legislature | South Carolina state government |
| Confidence | High |
Every statute quoted on this page was read directly from the state’s own legislature/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; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in South Carolina.
Related: how long you have to contest a will in South Carolina.