Skip to content
ClosingCodeClosingCode
ENES

South Carolina · ProbateSelling a house in a South Carolina estate: will authority, the court procedures and the buyer's protection

South Carolina modified the Uniform Probate Code on real estate. A personal representative has the same power over title to estate property that an absolute owner would have, in trust for creditors and others interested in the estate, and generally may exercise it without notice, hearing or court order (S.C. Code §62-3-711(a)). But unless the decedent's will authorizes it, the personal representative may not sell real property of the estate except as authorized under the procedures in §62-3-911 or §§62-3-1301 and following (§62-3-711(b)). If the will devises the real property to the personal representative, or authorizes the personal representative to sell it, the personal representative may execute a deed to a purchaser for value, who takes title as §62-3-910(B) provides (§62-3-711(c)). The general list of authorized transactions applies subject to that restriction (§62-3-715), and a person who in good faith deals with the personal representative for value is protected as if the power was properly exercised (§62-3-714).

What the statutes set

  1. Owner's power (§62-3-711(a))

    Over title to estate property, in trust, generally without a court order.

  2. Real estate limit (§62-3-711(b))

    No sale of estate real property unless the will authorizes it or under §62-3-911 or §62-3-1301 et seq.

  3. Will authority (§62-3-711(c))

    Devise to or power of sale in the personal representative: deed to a purchaser for value.

  4. Buyer protection (§62-3-714)

    Good-faith purchasers for value are protected.

What the TC collects for a South Carolina estate sale

  • Get current letters showing the personal representative's appointment and any restrictions endorsed on them.
  • Check the will for a power of sale, and whether a court order is needed under the state's rule.
  • Confirm who signs the deed and how the title company wants the estate's authority shown.

Questions about selling a South Carolina house in probate

Can a South Carolina executor sell the house without court approval?

Only if the will authorizes the sale or devises the property to the personal representative; otherwise the sale must follow the statutory procedures in §62-3-911 or §62-3-1301 et seq. (S.C. Code §62-3-711(b)–(c)).

Is a buyer protected when buying from a South Carolina estate?

A person who in good faith deals with the personal representative for value is protected as if the power was properly exercised (S.C. Code §62-3-714).

Related guides

Track the letters, any court order and the personal representative's deed as tasks on the deal in ClosingCode.

Start free trial

Sources: S.C. Code §§62-3-711, 62-3-714, 62-3-715 (scstatehouse.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.