South Carolina Personal Representative Bond

South Carolina Personal Representative Bond

According to South Carolina Code 62-3-601, personal representatives appointed as fiduciaries of an estate must post a surety bond with the probate court unless provided an exemption (more on these exemptions later). The South Carolina legislature enacted the surety bond requirement as a financial security in case personal representatives mismanage the estate’s assets. The bond serves as a guarantee on behalf of the personal representative.

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Have any questions? Give us a call at (855) 470-0877 and speak to a live South Carolina probate bond expert.

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Terms to Know when it Comes to South Carolina Personal Representative Bonds

What is the Required Bond Amount?

South Carolina Code 62-3-604 states that the estate's personal representative must file a statement under oath estimating the value of the estate’s assets, and the bond filed shall be in an amount not less than the estimate. The court may increase or decrease the bond amount upon request of the personal representative or interested party or at the court’s discretion. 

How Much Does a South Carolina Personal Representative Bond Cost?

Jet charges a minimum of $85 per year for the South Carolina Personal Representative bond, with the price depending on the size of the bond. See the chart below to calculate the price for larger bonds. Apply online in minutes or call one of our probate bond experts at (855) 470-0877 to find out exactly how much your bond will cost.

To determine how much the bond will cost, personal representatives can follow the steps listed below:

  1. Determine the Required Bond Amount

The bond amount is based on the personal representative’s best estimate of the estate's value.

  1. Calculate the Total Cost

Jet Surety charges $85 per year for all administrator bonds up to $17,000 in size. For each additional $1,000 increase in the bond amount, the bond premium will increase by the corresponding amount outlined in the table below. See the chart below to calculate the price for larger bonds.

Bond AmountAdditional Premium (per $1,000)Bond Cost (1 year)
$0 - $17,000$85 flat rate$85
$17,001 - $50,000$5.00$85 - $250
$50,001 - $200,000$3.75$250 - $813
$200,001 - $500,000$2.50$813 - $1,563
$500,001 - $1,500,000$1.00$1,563 - $2,063
$1,500,000+$0.50$2,063+
South Carolina Personal Representative Bond Cost Breakdown

Jet does not require credit checks for applicants with bond sizes under $25,000, or under $50,000 if the applicant has retained an attorney. Personal representatives may also request the court to reimburse the bond premium from estate funds. Call us at (855) 470-0877 to find out how much your probate bond will cost.

What Is the Process of Becoming a Personal Representative in South Carolina?

Step 1  – Determine Priority

According to SC Code 62-3-203, the priority for who should serve as personal representative is as follows: 

Step 2 – Hire an Attorney

Although not explicitly required, we recommend that personal representatives hire an attorney to assist with the probate process.

Step 3 – Petition the Court

Personal representatives must file a petition with the Probate Court in the county where the deceased person resided at the time of their death. A petition is an application to become a personal representative. If there is a will, the court will determine its authenticity and appoint an executor. If there is no will, the court will appoint an administrator to oversee the probate process.

Step 4 – Purchase a Surety Bond

Unless otherwise exempt, personal representatives must purchase and maintain a surety bond. 

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What are the Responsibilities of a Personal Representative in South Carolina?

South Carolina Code 62-3-705 states that within thirty days of their appointment, the personal representative must notify all the decedent's beneficiaries. The notification must include the personal representative's name and address, whether a bond has been filed, and the location of the court where estate-related documents are on file.

Within ninety days after his appointment, the personal representative must prepare an inventory and appraisement of property owned by the decedent at the time of death and file this accounting with the court and any interested party. 

After paying the debts and any taxes owed by the estate and distributing any remaining assets to the heirs, the personal representative must prepare and file a full accounting of their administration to the court to close the estate and release the bond.

What is the Purpose of the South Carolina Personal Representative Bond?

South Carolina requires personal representatives to purchase a surety bond as a prerequisite to being appointed as a fiduciary over an estate’s assets. The bond ensures that the estate’s beneficiaries and creditors will receive compensation for financial harm if the personal representative fails to abide by the regulations outlined in South Carolina Code 62-3-606. Specifically, the bond protects beneficiaries and creditors if the personal representative fails to adhere to all court orders or mismanages the estate’s assets. In short, the bond is a type of insurance that protects the estate’s beneficiaries and creditors if the personal representative violates their fiduciary duties.

Do All Estates in South Carolina Require a Bond?

According to South Carolina Code 62-3-603, the court may waive or reduce the bond requirement for personal representatives in South Carolina in the following situations:

How Does the Application Process Work with Jet?

Jet’s application process is simple and fast - our goal is to get the personal representative bonded as quickly as possible so they can focus on their fiduciary obligations. All we need is the bond amount and basic information about the estate. Applicants for bond limits over $50,000 will likely need to submit documentation from the court for review.

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Here are some of the factors Jet considers when underwriting a personal representative bond:

How Do You File a Personal Representative Bond with the Court?

Jet (the Surety) and the personal representative must sign the original bond. Jet fills out the bond form, signs as the Surety, and sends the original bond to the representative to sign and file the completed bond with the probate court. South Carolina also requires the personal representative to have a witness sign on the bond as well. Jet will also send the representative an electronic copy of their bond for reference.

South Carolina Probate Bond Filing Process

How Do You Renew the South Carolina Personal Representative Bond?

Jet will notify the personal representative well in advance of the renewal date to ensure timely renewal payment. Jet will notify the attorney (when applicable) and the court if you do not pay for the renewal. If an attorney is involved, they may decide to pay the renewal bond premium, but the fiduciary must reimburse them. Upon being notified of the failure to maintain the bond, the court will set a hearing.

How Long Do You Need the Bond?

The court will release the bond once the personal representative has paid all debts, distributed all assets, and provided a final accounting approved by the court. The personal representative must submit an annual accounting to the court if the estate settlement extends beyond a year.

After obtaining the release, the personal representative simply needs to email a copy to [email protected] so that we can cancel the bond and issue any applicable refund due back to the personal representative.

What Actions of a Personal Representative Can Lead to Surety Bond Claims?

Personal representatives have a critical role in the settlement of an estate and are relied on by the heirs, creditors, and the circuit court to fulfill these obligations. Complaints regarding failure to uphold duties may arise from the heirs and creditors if they feel the personal representative has not settled the estate properly. Your diligence in keeping receipts and records of all transactions as the personal representative is essential.

Some examples of potential actions that could cause a claim:

What Happens if a Claim Is Filed on the South Carolina Personal Representative Bond?

Upon receiving court notice of a claim on the bond, Jet has 30 days to pay the claim or ask for additional time to review it. Jet works tirelessly to protect personal representatives against faulty claims, which means that even if the court has requested a bond payout, we assess all documentation provided by the court and the personal representative before paying out the claim. However, if a claim is valid and Jet pays the claimant, the personal representative must pay Jet back as the representative is ultimately liable for their actions.

Probate Court Locations in South Carolina

Below is a list of all the county probate courts located in the State of South Carolina, as well as their addresses and contact information.

County CourtPhone NumberAddress
Abbeville County(864) 366-5312903 W. Greenwood St., Suite 2300
Abbeville, SC 29620
Aiken County(803) 584-3157109 Park Avenue SE, Room E126
Aiken, SC 29801
Allendale County(803) 584-3157P.O. Box 603
Allendale, MS 29810
Anderson County(864) 260-4049100 South Main Street
Anderson, SC 29624
Bamberg County(803) 245-30082959 Main Highway
Bamberg, SC 29003
Barnwell County(803) 541-1032Barnwell County Courthouse Rm 108
Barnwell, SC 29812
Beaufort County(843) 255-5850PO Box 1083
Beaufort, SC 29901
Berkeley County(843) 723-3800300-B California Avenue
Moncks Corner, SC 29461
Calhoun County(803) 874-3514902 FR Huff Drive
St. Matthews, SC 29135
Charleston County(843) 958-5180100 Broad Street, Suite 469
Charleston, SC 29401
Cherokee County(864) 487-2583110 Railroad Ave
Gaffney, SC 29340
Chester County(803) 385-26041476 J.A. Cochran Bypass
Chester, SC 29706
Chesterfield County(843) 623-2376200 West Main Street
Chesterfield, SC 29709
Clarendon County(803) 435-8774411 Sunset Drive, Suite 1304
Manning, SC 29102
Colleton County(843) 549-7216239 N Jefferies Blvd
Walterboro, SC 29488
Darlington County(843) 398-43101 Public Square, Second Floor, Room 208
Darlington, SC 29532
Dillon County(843) 774-1423401 W Main St Room 303
Dillon, SC 29536
Dorchester County(843) 563-01055200 E. Jim Bilton Blvd
St. George, SC 29477
Edgefield County(803) 637-4000124 Courthouse Square
Edgefield, SC 29824
Fairfield County(803) 712-6519101 South Congress Street
Winnsboro, SC 29180
Florence County(843) 665-3031180 N. Irby St
Florence, SC 29501
Georgetown County(843) 545-3274401 Cleland St., Room #140
Georgetown, SC 29442
Greenville County(864) 467-7170301 University Ridge, Suite 1200
Greenville, SC 29601
Greenwood County(864) 942-8625528 Monument Street, Room: 205
Greenwood, SC 29646
Hampton County(803) 914-21721 Courthouse Square, 2nd Floor
Hampton, SC 29924
Horry County(843) 915-53701301 Second Avenue
Conway, SC 29526
Jasper County(843) 726-7710265 Russell Street
Ridgeland, SC 29936
Kershaw County(803) 425-15031121 Broad Street, Room 225
Camden, SC 29020
Lancaster County(803) 283-3379104 N. Main Street
Lancaster, SC 29720
Laurens County(864) 984-7315100 Hillcrest Square, Suite A
Laurens, SC 29360
Lee County(803) 484-5341P.O. Box 24
Bishopville, SC 29010
Lexington County(803) 785-8324205 East Main Street Suite 13
Lexington, SC 29072
Marion County(843) 423-8240100 W Court Street
Marion, SC 29571
Marlboro County(843) 479-5610105 Main Street - Courthouse Square
Bennettsville, SC 29512
McCormick County(864) 852-2630133 S. Mine Street, Room 101
McCormick, SC 29835
Newberry County(803) 321-21181309 College St
Newberry, SC 29108
Oconee County(864) 638-4275415 S. Pine St.
Walhalla, SC 29691
Orangeburg County(803) 533-6280151 Docket Street, Room 105, 1st Floor
Orangeburg, SC 29115
Pickens County(864) 898-5844222 McDaniel Avenue, B-2
Pickens, SC 29671
Richland County(803) 576-19611701 Main Street, 2nd Floor, Suite 207
Columbia, SC 29201
Saluda County(864) 445-4500100 East Church Street, Suite 4
Saluda, SC 29138
Spartanburg County(864) 596-2556180 Magnolia St, 1st Fl, Ste 302
Spartanburg, SC 29306
Sumter County(803) 436-2166215 N Harvin St
Sumter, SC 29150
Union County(864) 429-1625210 West Main Street
Union, SC 29379
Williamsburg County(843) 355-9321147 W. Main Street
Kingstree, SC 29556
York County(803) 684-85132 S Congress Street
York, SC 29745
Probate Court Locations in South Carolina

South Carolina Probate Bond Form
South Carolina Probate Bond Form

Notary Bond Application:

Business Information:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Employee Dishonesty Bond Application:

Business Information:

Business Description:

Coverage Requirements:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Contract Bond Application:

Business Information:

Owner Information:

Job Details:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Worker's Compensation Application:

Business Information:

Business Description:

Coverage Requirements

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information: