Settle a small estate in South Carolina without probate
In South Carolina this is called: Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding (small estate affidavit); summary administration for small estates. In South Carolina the small estate affidavit is filed with the county probate court and must be approved and signed by the probate judge, who then issues an order for payment or delivery.
Up to $45,000, 30 days after the death, filed with a court.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the South Carolina limit for the date of death.
Letter to a bank
Present your signed affidavit to a bank or other holder in South Carolina.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for South Carolina, by procedure.
Car, bank, house in South Carolina
Car or other vehicle
SCDMV does not accept wills for titles. If you are not on the title, the probate court must direct the transfer: either a personal representative signs the title (with the probate court's certificate of appointment), or the probate court issues a small estate affidavit order, which lets the vehicle be titled only in the name of the person the court names (that person cannot sign it directly to someone else).
Bank accounts
Money in a joint account with survivorship or a payable-on-death (POD) account goes to the surviving owner or beneficiary without probate.
Related pages
- Small estate affidavit in South Carolina
- Car title after a death in South Carolina
- Bank accounts after a death in South Carolina
- Small estate checker for South Carolina
- Letter to a bank in South Carolina
- Balance request letter for South Carolina
- What-to-gather checklist for South Carolina
- All about small estates in South Carolina
Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding (form SCCA 420ES)
A sworn statement you file with the probate court. If the judge approves and countersigns it, the court issues an order telling banks and others to pay or deliver the person's personal property to the people named.
- Limit
Up to $45,000 Counted after subtracting liens (what is owed on the property).
The probate estate, minus liens, cannot be worth more than $45,000. This limit took effect May 8, 2025; before that it was $25,000.
- What counts
The value of the entire probate estate (property passing under the will plus property passing by intestacy), wherever located, minus liens and encumbrances. The court form also requires that the estate include no interest in real property. Property that passes outside probate (joint, payable-on-death, beneficiary, transfer-on-death and trust property) is not counted.
- Waiting period
More than 30 days must have passed since the death.
- Who can use it
A person claiming to be the successor: an heir or devisee, or a person who paid reasonable funeral expenses (proof of payment attached). The affidavit lists every successor with address, year of birth, relationship and share. No personal representative may have been appointed or applied for in any state.
- Court or where to file
Probate court of the county where the person lived at death. If the person did not live in South Carolina, the county where the property is.
- Notary
The affidavit is sworn before a notary public.
- Papers to attach
- Certified copy of the death certificate
- List of each asset (bank accounts, stock, unclaimed property, vehicles, mobile home, boat, life insurance payable to the estate, other) with its value
- Proof of any liens on the assets
- Proof of payment of funeral expenses, if a funeral payer is claiming
- Steps
- Wait more than 30 days after the death.
- Check that the probate estate, minus liens, is $45,000 or less and includes no real estate.
- Fill in form SCCA 420ES, listing every successor and every asset.
- Sign it before a notary.
- File it with the probate court of the county where the person lived and pay the fee.
- If the judge approves, the judge signs the Order for Payment or Delivery; give certified copies to each holder.
- Fee
The fee for filing the small estate affidavit is set by S.C. Code 8-21-770(C)(12), based on the property value shown: $25 under $5,000 (half that if under $100); $45 from $5,000 to under $20,000; $67.50 from $20,000 to under $60,000. Certified copies of the order are $5 each (8-21-770(C)(1)).
- Debts and responsibility
A person who receives payment or delivery must answer for the property to any personal representative appointed later and to anyone with a better right to it.
- What the bank or holder must do
A holder who pays or delivers on the affidavit is released as if it dealt with a personal representative and does not have to check whether the statements are true. A person given a valid affidavit containing the statement 'No person who may act in reliance on this affidavit shall incur any liability to the estate of the decedent', who has no written notice that it was revoked, must not refuse to deliver the property. A transfer agent must re-register securities.
Law: S.C. Code secs. 62-3-1201, 62-3-1202; S.C. Code secs. 8-21-770
Source: Official page
Small estates; summary administrative procedure
A probate case with a personal representative. If the inventory shows the estate is small, the personal representative can publish notice to creditors, pay and distribute the estate right away, and close it with a sworn statement.
- Limit
The probate estate, minus liens, cannot be worth more than $45,000 plus exempt property (up to $45,000 for a spouse or minor children), administration costs, funeral costs and last-illness medical bills. The $45,000 amounts took effect May 8, 2025; before that they were $25,000. There is no value limit if the personal representatives are the only heirs or devisees.
- What counts
The value of the entire probate estate, minus liens and encumbrances, compared with $45,000 plus exempt property, costs of administration, reasonable funeral expenses and reasonable medical and hospital expenses of the last illness. It also applies, at any value, when the personal representatives are the only heirs or the only devisees under the will.
- Waiting period
A personal representative must be appointed and publish notice to creditors before distributing. After an inventory is filed and fees are paid, the estate can be closed with a sworn statement.
- Who can use it
The personal representative appointed by the probate court.
- Court or where to file
Probate court of the county where the person lived.
- Notary
The closing statement is verified (sworn).
- Papers to attach
- Inventory and appraisement
- Proof of published notice to creditors
- Verified closing statement
- Copy of the closing statement sent to distributees and known unpaid creditors
- Steps
- Apply to the probate court to be appointed personal representative.
- Publish notice to creditors.
- File the inventory and pay court fees.
- Pay and distribute the estate to the people entitled to it.
- Send the closing statement and a full account to the distributees and known unpaid creditors, then file the verified closing statement.
- Fee
Probate court fees are set by S.C. Code 8-21-770(B), based on the gross value of the probate estate on the inventory: $25 under $5,000; $45 from $5,000 to under $20,000; $67.50 from $20,000 to under $60,000; $95 from $60,000 to under $100,000. Certified copies are $5 each. The cost of publishing the notice to creditors is extra.
Law: S.C. Code secs. 62-3-1203, 62-3-1204; S.C. Code secs. 8-21-770
Source: Official page
What counts toward the limit in South Carolina
For the small estate affidavit, add up the value of the person's probate estate (property passing under the will or by intestacy), wherever located, and subtract liens and encumbrances. The court form requires that there be no real estate in the estate. Leave out property that passes outside probate.
Law: S.C. Code sec. 62-3-1201; form SCCA 420ES
In this state the total is counted after subtracting liens.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone, with no payable-on-death beneficiary, count. Law: S.C. Code sec. 62-3-1201(a)(1) |
Joint or payable-on-death (POD) bank accounts | Left out | Joint accounts with survivorship and payable-on-death accounts go to the surviving owner or beneficiary and are not part of the probate estate. Law: S.C. Code secs. 62-6-201 to 62-6-204 |
Cars and other vehicles | Counts | A car in the person's name alone is part of the probate estate and counts at its value minus any loan. Vehicles with a transfer-on-death designation or 'OR' co-ownership pass outside probate. Law: S.C. Code secs. 62-3-1201(a)(1), 62-6-401; form SCCA 420ES |
Boats and mobile or manufactured homes | Counts | A mobile home, boat, motor or trailer in the person's name counts at its value minus liens. Law: S.C. Code sec. 62-3-1201(a)(1); form SCCA 420ES |
Real estate in South Carolina | Has its own procedure | If the probate estate includes any interest in real estate, the court's small estate affidavit form cannot be used. Real estate passes through a probate case, which may use the summary procedure for small estates. Law: Form SCCA 420ES item 6; S.C. Code sec. 62-3-1203 |
Main home (primary residence) | Has its own procedure | A home in the person's name is real estate, so the small estate affidavit form cannot be used; it passes through a probate case. Law: Form SCCA 420ES item 6; S.C. Code sec. 62-3-1203 |
Real estate in another state | Not clear | The law counts the probate estate 'wherever located', and the court form requires that the estate include no real property. Ask the probate court how real estate in another state affects the affidavit. Law: S.C. Code sec. 62-3-1201(a)(1); form SCCA 420ES |
Unpaid wages owed to the person | Counts | Unpaid wages owed to the person are part of the probate estate. Law: S.C. Code sec. 62-3-1201(a)(1) |
Military pay owed to the person | Not clear | Money owed by the U.S. military may be paid to a beneficiary named with the military, outside probate. Ask the probate court how to count it. Law: S.C. Code sec. 62-3-1201(a)(1) |
Life insurance or retirement money paid to a named person | Left out | Life insurance and retirement benefits paid to a named beneficiary do not pass by will or intestacy, so they are not part of the probate estate. Law: S.C. Code sec. 62-3-1201(a)(1) |
Life insurance or retirement money paid to the estate | Counts | Life insurance payable to the estate counts; the court form lists it as an asset. Law: S.C. Code sec. 62-3-1201(a)(1); form SCCA 420ES |
Property in a living trust | Left out | Property in a trust does not pass by will or intestacy, so it is not part of the probate estate. Law: S.C. Code sec. 62-3-1201(a)(1) |
Property owned jointly with right of survivorship | Left out | Property held jointly with right of survivorship passes to the surviving owner, not through the probate estate. Law: S.C. Code sec. 62-3-1201(a)(1) |
Property going to a surviving spouse | Counts | Probate property that goes to the spouse under the will or by intestacy is part of the probate estate. Property the spouse gets as a joint owner or named beneficiary is not. Law: S.C. Code sec. 62-3-1201(a)(1) |
Stocks, bonds and brokerage accounts | Counts | Stocks in the person's name alone count; the court form lists stock as an asset. Securities registered transfer-on-death go to the beneficiary. Law: S.C. Code sec. 62-3-1201(a)(1), (b) |
Furniture, jewelry and other belongings | Counts | Furniture, jewelry and other belongings count at their value minus liens. Law: S.C. Code sec. 62-3-1201(a)(1) |
Source: Official page
Car or vehicle title after a death in South Carolina
SCDMV does not accept wills for titles. If you are not on the title, the probate court must direct the transfer: either a personal representative signs the title (with the probate court's certificate of appointment), or the probate court issues a small estate affidavit order, which lets the vehicle be titled only in the name of the person the court names (that person cannot sign it directly to someone else). If the title lists owners joined by 'OR', the survivor can act alone. If joined by 'AND', the probate court decides. If the title has a transfer-on-death (TOD) beneficiary, the beneficiary applies with a death certificate.
Law: S.C. Code sec. 62-6-401
- Agency
- South Carolina Department of Motor Vehicles (SCDMV)
- Fee
SCDMV title fees apply; the TOD designation application costs $15.
- Transfer-on-death title
Since July 1, 2025, a vehicle, mobile home or other DMV-titled property owned by one person, or by co-owners with survivorship ('OR'), can carry a transfer-on-death (TOD) designation. Apply with Form 400, form TOD-1, the title and a $15 title fee. At the last owner's death, the beneficiary presents a death certificate to be titled.
Source: Official page
Bank accounts after a death in South Carolina
Money in a joint account with survivorship or a payable-on-death (POD) account goes to the surviving owner or beneficiary without probate. For an account in the person's name alone, the successor can file the small estate affidavit with the probate court after 30 days if the probate estate, minus liens, is $45,000 or less and has no real estate; the bank pays on the judge's order.
Law: S.C. Code secs. 62-6-201 to 62-6-204, 62-3-1201, 62-3-1202
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in South Carolina
- Real estate (TOD deed)
No
South Carolina law has no transfer-on-death deed for real estate. A bill to create one (S. 49, 2025-2026 session) was referred to committee and not passed.
Law: S.C. Code sec. 62-6-401 (titled personal property only); S. 49 (2025-2026)
- Vehicle title (TOD)
Yes
Law: S.C. Code sec. 62-6-401
- Bank account (POD)
Yes
Law: S.C. Code secs. 62-6-201 to 62-6-204, 62-6-303
Source: Official page
Surviving spouse in South Carolina
A surviving spouse of a person who lived in South Carolina is entitled to exempt property worth up to $45,000 (above any liens) in household furniture, cars, furnishings, appliances and personal effects; if there is no spouse, minor or dependent children share it. The amount was $25,000 before May 8, 2025. If there is no will and no children or other descendants, the spouse inherits everything.
Law: S.C. Code 62-2-401; S.C. Code 62-2-102
Debts of the person in South Carolina
A person who receives property by the small estate affidavit must answer for it to a personal representative appointed later or to anyone with a better right. A person who paid the funeral expenses can be a successor under the affidavit.
Law: S.C. Code 62-3-1202; S.C. Code 62-3-1201(a)(4)
Medicaid estate recovery in South Carolina
South Carolina recovers Medicaid paid for nursing facility, home and community-based, and related hospital and prescription services received at age 55 or older, and for people who were in a nursing facility or other institution at death. The state files a claim in the probate court. In South Carolina, 'estate' means the probate estate. Recovery waits until after the death of a surviving spouse and while there is no child under 21 or blind or disabled child. Recovery must be waived for undue hardship, including for some family members who lived in the home or depend on a sole income-producing asset.
Law: S.C. Code sec. 43-7-460
- Agency
- South Carolina Department of Health and Human Services (SCDHHS), Estate Recovery
- Phone
- (803) 898-2932
- Official page
- Official page
Who inherits with no will in South Carolina
If there is no will, the surviving spouse gets everything if there are no children or other descendants, and one-half if there are. The rest goes to the descendants. With no spouse or descendants, the estate goes to the parents, then brothers and sisters and their descendants, then grandparents and their descendants, then great-grandparents and their descendants.
Law: S.C. Code secs. 62-2-102, 62-2-103
Source: Official page
Death certificates in South Carolina
Only an immediate family member may order a death certificate, with a valid photo ID. By mail, the $12 search fee includes one certified copy, and additional copies ordered at the same time are $3 each; pay by money order or cashier's check. In person and online, the search fee is $17 (it includes a $5 expedite fee), and online vendors add their own fee.
- Where to get it
- South Carolina Department of Public Health (DPH), Office of Vital Records (West Columbia)
- Official page
- Official page
Where to file in South Carolina
The small estate affidavit is filed with the probate court of the county where the person lived at death (or, for a non-resident, where the property is). The judge approves it and issues an order for payment or delivery. Probate cases using the summary procedure are filed in the same court. Vehicles are retitled at SCDMV with the probate court's order or a personal representative's certificate.
Good to know in South Carolina
- In South Carolina the small estate affidavit is not handed straight to the bank: it must be filed with the probate court and approved and countersigned by the probate judge.
- Since May 8, 2025, the small estate limit is $45,000, up from $25,000, and exempt property for a spouse is $45,000 (2025 Act No. 26).
- A person who paid reasonable funeral expenses counts as a 'successor' who can use the small estate affidavit.
Changes in 2024–2026
2025 Act No. 26 (H. 3472), effective May 8, 2025: small estate affidavit limit and summary administration amount raised from $25,000 to $45,000 (secs. 62-3-1201, 62-3-1203, 62-3-1204); exempt property raised from $25,000 to $45,000. 2024 Act No. 200, sec. 22, effective July 1, 2025: transfer-on-death designations for DMV- and DNR-titled personal property. Court form SCCA 420ES revised 03/2026.
Law: sec. 62-2-401; sec. 62-6-401
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in South Carolina
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- South Carolina Legal Services
- South Carolina Bar Lawyer Referral Service · (803) 799-7100
- South Carolina Judicial Branch: Probate Court forms
- South Carolina Judicial Branch: Probate Court
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372
More help on our sister sites
Questions about small estates in South Carolina
What is a small estate affidavit called in South Carolina?
In South Carolina this is called: Affidavit for Collection of Personal Property Pursuant to Small Estate Proceeding (small estate affidavit); summary administration for small estates. In South Carolina the small estate affidavit is filed with the county probate court and must be approved and signed by the probate judge, who then issues an order for payment or delivery.
What is the small estate limit in South Carolina?
Up to $45,000, 30 days after the death, filed with a court.
How long do I wait in South Carolina?
More than 30 days must have passed since the death.
Do I have to go to court in South Carolina?
Probate court of the county where the person lived at death. If the person did not live in South Carolina, the county where the property is.
How do I transfer a car after a death in South Carolina?
SCDMV does not accept wills for titles. If you are not on the title, the probate court must direct the transfer: either a personal representative signs the title (with the probate court's certificate of appointment), or the probate court issues a small estate affidavit order, which lets the vehicle be titled only in the name of the person the court names (that person cannot sign it directly to someone else).
What happens to a bank account after a death in South Carolina?
Money in a joint account with survivorship or a payable-on-death (POD) account goes to the surviving owner or beneficiary without probate. For an account in the person's name alone, the successor can file the small estate affidavit with the probate court after 30 days if the probate estate, minus liens, is $45,000 or less and has no real estate; the bank pays on the judge's order.
Who inherits in South Carolina if there is no will?
If there is no will, the surviving spouse gets everything if there are no children or other descendants, and one-half if there are. The rest goes to the descendants. With no spouse or descendants, the estate goes to the parents, then brothers and sisters and their descendants, then grandparents and their descendants, then great-grandparents and their descendants.
Do I owe the person's debts in South Carolina?
A person who receives property by the small estate affidavit must answer for it to a personal representative appointed later or to anyone with a better right. A person who paid the funeral expenses can be a successor under the affidavit.
- S.C. Code Title 62, Chapter 3 (South Carolina Legislature)
- 2025 Act No. 26 (H. 3472)
- S.C. Code Title 62, Chapter 6 (multiple-party accounts; TOD titled property)
- S.C. Code Title 62, Chapter 2 (intestacy; exempt property)
- S.C. Code sec. 8-21-770 (probate fees)
- Form SCCA 420ES (Revised 03/2026)
- SCDMV: Inheriting a Vehicle
- S.C. Code sec. 43-7-460 (estate recovery)
- SCDHHS: Estate Recovery
- S. 49 (2025-2026) Transfer on Death Deed - bill status
- S.C. DPH: Death Certificates
- S.C. DPH: Vital Records Fees