Insolvent Probate Estate Claim-Payment Priority in South Carolina

Short answer South Carolina § 62-3-805 ranks five claim classes: administration and reasonable funeral together, federal-preference debts and taxes, last-illness care, state-law-preference debts and taxes including medical assistance, then other claims. Exempt property sits ahead of every claim except the first class. Claims within a class share rank, subject to the state-preference order in class four.
State
South Carolina
Statute checked
October 5, 2026
Sources
5 statutes

At a glance

Statutory payment order§ 62-3-805(a) gives five ordered classes when applicable assets cannot pay all claims; § 62-3-807(a) directs payment of allowed claims in priority order after provision for exempt property and other listed obligations.
Administration costsCosts and expenses of administration, including attorney's fees, share class 1 with reasonable funeral expenses (§ 62-3-805(a)(1)).
Funeral and last illnessReasonable funeral class 1; reasonable necessary medical, hospital, and personal-care expenses of last illness, including attendants before death, class 3 (§ 62-3-805(a)(1),(3)).
Family and homestead allowancesExempt property under § 62-2-401, with 2025 $45,000 value ceiling, precedes all claims except class 1; § 62-3-807(a) requires provision for it before payment.
Taxes and public claimsFederal-law-preference debts and taxes class 2; state-law-preference debts and taxes, ordered by their own priority and including named medical-assistance recovery, class 4 (§ 62-3-805(a)(2),(4)).
Secured claims§ 62-3-809 permits full allowed-claim payment on surrender of security; otherwise deduct agreed/court-determined fair market value after exhaustion or determined value without exhaustion.
Support and special debtsThe five classes specify no separate support or wage position; the special same-priority loan rule in § 62-3-805(c) gives a lender funding a specific estate claim the funded claim's priority to that extent.
General claimsAll other claims class 5 (§ 62-3-805(a)(5)).
Underfunded classNo same-class preference, except state-law-preference claims in class 4 retain their own statutory order; a due claim does not outrank one not yet due (§ 62-3-805(b)).

Requirements one by one

Five claim classes

Under § 62-3-805(a), administration costs (including attorney fees) and reasonable funeral costs share class one. Federal-preference debts and taxes follow in class two. Last-illness medical, hospital, and personal-care expenses are third. Debts and taxes with preference under other South Carolina laws, including the named medical-assistance recovery, are fourth. Other claims are fifth. A lender who advances money to pay a specific estate claim assumes that claim's priority to the extent of the loan under § 62-3-805(c).

Family property and secured claims

Under § 62-2-401, exempt property has priority over every claim except class one. The current provision sets a $45,000 value ceiling for eligible property; the 2025 amendment appears in the official code. Under § 62-3-807(a), the law directs the representative to make provision for exempt property and other listed items before paying allowed claims in priority order.

Under § 62-3-809, surrendering security permits payment on the full allowed claim. Otherwise, the creditor's estate payment is reduced by the security value calculated under the applicable exhausted or unexhausted-security route.

What trips people up

Funeral expenses share first class with administration, while last-illness care is third. Under § 62-3-805(b), the law ordinarily bars preferences within a class but preserves the order of state-law-preference claims within class four.

Common questions

Does an already due claim jump ahead of a later-due claim in the same class? No. Under § 62-3-805(b), the law expressly rejects that preference.

Do medical-assistance claims share the federal-preference class? No. Under § 62-3-805(a)(4), South Carolina names medical assistance in the state-law-preference class.

Statutes and sources

  • S.C. Code §§ 62-2-401, 62-3-805, 62-3-807, and 62-3-809. Verbatim current official text, URLs, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

S.C. Code § 62-3-805 · accessed 2026-10-05
S.C. Code § 62-3-807 · accessed 2026-10-05
S.C. Code § 62-3-809 · accessed 2026-10-05
S.C. Code § 62-2-401 · accessed 2026-10-05
This page summarizes statutory probate payment priorities, not advice about a specific estate or claim. Claim validity, federal law, liens, and court orders can change the result. Check current official law and consult a licensed adviser before acting.

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