What do I do if I inherited a house in Summerville?

If you own a house in Summerville, SC and you are dealing with inherited property, this page covers what actually happens next — the local timeline, what it costs, and the options that stay open to you. Everything below is specific to Summerville and how sales are handled in SC, not generic national advice.

Direct Answer

If you have inherited a house in Summerville, South Carolina, your first step is to identify which of the three counties the property sits in: Dorchester, Berkeley, or Charleston. You must then open a case with that county’s Probate Court to legally transfer the title into your name. Because South Carolina does not allow 'transfer-on-death' deeds for real estate, you will likely need to go through either an informal or formal probate process, even if there is a will.

Key Details

Inheriting a home involves more than just getting the keys; it is a legal process that changes your taxes and responsibilities. Here are the most important factors for Summerville residents:

• No State 'Death' Taxes: The good news is that South Carolina does not have a state inheritance tax or an estate tax. You will not owe the state money just for receiving the house. However, if the total estate is worth more than $13.61 million (as of 2024), federal estate taxes might apply.
• The Stepped-Up Basis: When you inherit a house, the IRS 'steps up' the home's value to its current market price as of the date the owner died. If you sell the house immediately, you likely won't owe capital gains tax because the 'profit' is calculated from that new, higher value rather than what the original owner paid years ago.
• The 4% vs. 6% Tax Trap: This is the biggest financial surprise for South Carolina heirs. Owner-occupied homes are taxed at a 4% assessment ratio. If you do not move into the house and make it your primary residence, the county will tax it at 6%. This small 2% difference actually makes the tax bill about three times higher. You must apply with the County Assessor to keep the 4% rate if you decide to live there.
• Property Maintenance: Until the probate court issues a 'Deed of Distribution,' the estate is responsible for the mortgage, utilities, and HOA fees (common in Summerville neighborhoods like Nexton or Cane Bay). If these aren't paid, the house could face foreclosure before you even own it.

SC-Specific Laws

South Carolina laws regarding property and death are found in Title 62 of the SC Code of Laws (The Probate Code).

1. Small Estate Threshold: As of May 2025, South Carolina increased the 'Small Estate' limit to $45,000 (Act No. 26). However, this simplified process is usually for personal property like cars or bank accounts. If the deceased person owned real estate in their name alone, you almost always have to go through the full probate process regardless of the home's value.
2. No Transfer-on-Death Deeds: Unlike many other states, South Carolina does not recognize 'Transfer-on-Death' (TOD) deeds. You cannot simply file a paper to get the house; it must pass through the court or have been held in a Living Trust or as 'Joint Tenants with Right of Survivorship.'
3. The 8-Month Wait: Once probate is opened, SC law requires an 8-month 'creditor period.' This gives anyone the deceased person owed money to a chance to file a claim against the estate. You generally cannot sell the house or fully transfer the title until this period ends.

Summerville Local Context

Summerville is unique because it spans three different counties. Your legal path depends entirely on where the house is located:

• Dorchester County: Most of 'historic' Summerville is here. The Probate Court is located at 5200 E. Jim Bilton Blvd, St. George, SC 29477. Dorchester County requires heirs who aren't using a lawyer to attend an 'Opening Probate Seminar' to learn the rules.
• Berkeley County: Parts of Summerville like Cane Bay and Sangaree are in Berkeley. The Probate Court is at 300-B California Avenue, Moncks Corner, SC 29461. They offer a drop-box for filing documents between 9:00 AM and 4:00 PM.
• Charleston County: A small portion of Summerville (near Ladson) falls here. The Estate Division is at the Historic Courthouse at 84 Broad St, Charleston, SC 29401.

What You Can Do Right Now

1. Check the Deed: Find the current deed to see how the title was held. If it says 'Joint Tenants with Right of Survivorship,' you might be able to avoid probate for the house entirely.
2. Secure the House: Change the locks if necessary, and ensure the homeowner's insurance is still active. Tell the insurance company the owner has passed; they may require a 'vacant home' policy.
3. Locate the Will: Find the original, signed Will. In SC, you must file the Will with the Probate Court within 30 days of the death, even if you don't plan to open a full probate case yet.
4. Contact the Assessor: Call the County Assessor (Dorchester, Berkeley, or Charleston) to see if the house currently has a 'Homestead Exemption' or a 4% residency rate. This will help you estimate what your future tax bill will look like.