Dealing with a loved one’s estate is never easy, especially when it involves selling property. If you’re wondering how to sell a house in probate in Myrtle Beach, you’re not alone. The process can feel overwhelming, but understanding South Carolina’s probate laws makes it much more manageable.

What is Probate in South Carolina?

Probate is the court-supervised process of settling a deceased person’s estate. In South Carolina, this process is governed by Title 62 of the South Carolina Code of Laws. The probate court ensures debts are paid and assets are properly distributed to heirs.

For Horry County residents, all probate matters go through the Horry County Probate Court located at 1301 Second Avenue in Conway. Important note: You’ll need an appointment to open an estate in person. Call 843-915-5370 or email hcg.ProbateCourt@horrycountysc.gov.

How Long Does Probate Take in Myrtle Beach?

The probate process in South Carolina typically takes 8 months to 2 years to complete. Here’s why:

Creditors have 8 months to file claims against the estate
The personal representative must inventory assets within 90 days
Property appraisals, debt payments, and court approvals all take time
Complex estates with disputes can extend the timeline

Good news: Estates under $45,000 may qualify for summary administration, which is much faster and less expensive.

Can You Sell a House During Probate?

Yes, but with conditions. If the will specifically grants the personal representative authority to sell property, you can list the house before probate closes. However, all proceeds must stay in the estate account until debts are settled.

Without this authorization, you’ll need court approval through a petition filed under SC Code § 62-3-1303. The court will hold a hearing where all interested parties can object.

Steps to Sell Your Probate Property

1. Get Court Approval
File a petition with the probate court and attend a hearing. The judge will issue a summons to all heirs and creditors.

2. Obtain a Property Appraisal
Required within 90 days of appointment, this protects the estate from selling below market value.

3. List and Market the Property
Work with a real estate agent experienced in probate sales, or consider cash buyers for a faster transaction.

4. Close the Sale
Proceeds first pay estate debts, taxes, and expenses. Remaining funds go to beneficiaries.

What Does a Probate Sale Cost?

Budget for these expenses:

Court filing fees: $150
Attorney fees: $3,000-$5,000
Real estate commission: 5-6%
Property appraisal: $300-$600
Repairs and maintenance (varies)

South Carolina Tax Benefits

Here’s excellent news for Myrtle Beach heirs: South Carolina has no state estate tax or inheritance tax. The state eliminated its estate tax in 2005.

You will only face federal estate tax if the estate exceeds $13.99 million (2025 threshold). For capital gains, you get a “stepped-up basis,” meaning you’re only taxed on appreciation that occurs after you inherit the property.

Common Challenges to Expect

Multiple heirs with different opinions can delay the sale. Consider mediation or having a neutral real estate attorney facilitate discussions.

Outstanding mortgages must be paid at closing, reducing your proceeds.

Property condition issues are common when homes sit vacant. The estate can fund necessary repairs, or you can sell “as-is” to cash buyers.

Faster Selling Options

If the standard process feels too slow, consider:

Cash home buyers who purchase “as-is” without repairs
Real estate investors who close quickly and handle complications
For Sale By Owner with MLS listing to save on commission

Resources to Help You

Horry County Probate Court: www.horrycountysc.gov/departments/probate-court
SC Probate Code: www.scstatehouse.gov/code/t62c003.php
SC Department of Revenue: dor.sc.gov/tax/estate
Local probate attorneys in Myrtle Beach and Conway

Moving Forward

Selling a house in probate in Myrtle Beach requires patience and proper legal guidance. While the 8+ month timeline might seem daunting, working with experienced professionals makes the process smoother. Remember, you’re not just closing a sale—you’re honoring your loved one’s legacy while protecting all beneficiaries’ interests.

Take it one step at a time, lean on qualified professionals, and know that thousands of families successfully navigate this process every year in South Carolina.